The ECOWAS Court of Justice has ordered Nigeria to pay ₦5 million in compensation to Oluwatimilehin Adebayo for the violation of his right to freedom from torture. Eyes Of Lagos reports,
In a ruling delivered by Justice Dupe Atoki and shared with the press on Thursday, the court directed the Nigerian government to promptly, impartially, and effectively investigate the torture Adebayo endured and prosecute those responsible.
Adebayo had filed a suit (ECW/CCJ/APP/47/23) detailing severe abuse by Ogun State police officers, including being beaten with an axe handle and having his limbs chained to a pole. He stated that the ordeal caused not only physical injuries, such as scrotal damage, but also significant psychological distress.
The Nigerian government contested the case, claiming the court lacked jurisdiction due to the three-year limitation period in its rules and argued that the matter was pending or resolved in Nigerian courts. However, the ECOWAS Court dismissed these objections, affirming its authority to hear human rights cases. Justice Atoki clarified, “The three-year limitation period under Article 9(3)(b) of the Court’s Protocol does not apply to cases of human rights violations.”
The court concluded that the police officers’ actions constituted torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. It noted that the torture was deliberate, intended to force Adebayo to sign a pre-written statement.
In addition to the monetary compensation, the court ordered Nigeria to investigate and prosecute those involved. However, it dismissed Adebayo’s claim that his right to a remedy was violated, stating there was no evidence he had formally reported the abuse to authorities.
