The ECOWAS Court of Justice, directed the Federal Republic of Nigeria to compensate Oluwatimilehin Adebayo with ₦5 million for violating his right to freedom from torture.
In a suit filed under case number ECW/CCJ/APP/47/23, Adebayo accused police officers in Ogun State of subjecting him to severe physical abuse.
He detailed that they beat him with the handle of an axe and tied his limbs to a pole with chains, causing physical injuries, trauma to his scrotum, and significant psychological distress.
The court also ordered Nigeria to conduct a thorough, impartial investigation into the allegations of torture and prosecute those responsible.
The Nigerian government, in its defense, challenged the court’s jurisdiction, arguing that the case exceeded the three-year limitation period specified in the court’s rules.
It also contended that the matter was either sub judice or had been resolved in domestic courts.
However, the ECOWAS Court dismissed these objections.
In a judgment delivered by Justice Dupe Atoki, the court reaffirmed its authority to adjudicate human rights cases, clarifying that the three-year limitation under Article 9(3)(b) of the Court’s Protocol does not apply to human rights violations.
The court held that the abuse constituted torture under Article 5 of the African Charter on Human and People’s Rights, to which Nigeria is a signatory.
“The Court noted that the torture was intentional and aimed at coercing Mr. Adebayo into signing a pre-written statement,” the judgment stated.
While awarding ₦5 million in compensation to Adebayo, the court also directed the Nigerian government to investigate the abuse and bring those responsible to justice.
However, the court dismissed Adebayo’s claim that his right to a remedy had been violated, citing insufficient evidence that he formally reported the abuse to relevant authorities.
This landmark ruling underscores the ECOWAS Court’s commitment to protecting human rights across the region and holding states accountable for violations.
