The ECOWAS Court of Justice has ordered the Nigerian government to compensate Oluwatimilehin Adebayo with N5 million for the violation of his right to freedom from torture.
The court also ordered Nigeria to “conduct a prompt, impartial, and effective investigation into the torture and prosecute those responsible.”
Mr Adebayo had sued the Nigerian government in 2023, alleging that police officers from the Ogun State Command subjected him to “physical abuse, including beating him with the handle of an axe and tying his limbs with chains to a pole.”
He said the ordeal caused him physical injuries, including “trauma to his scrotum and left him suffering from significant psychological distress.”
However, the respondent, the Nigerian government, challenged the jurisdiction of the court, arguing that the case was filed outside the three-year limitation period stipulated under the court’s rules, rendering it statute-barred.
It also argued that the court lacked jurisdiction to hear the matter, arguing that it would involve reviewing a case that is either pending (sub judice) or already decided by a municipal court within the respondent state.
However, the court, in its judgement, highlights of which its communication unit shared with PREMIUM TIMES via email on Thursday, dismissed Nigeria’s preliminary objections, asserting its jurisdiction to hear human rights cases.
It clarified that the three-year limitation period under Article 9(3)(b) of the Court’s Protocol does not apply to cases of human rights violations.
In the judgement delivered by Dupe Atoki, a member of the three-member bench, the court held that the acts of the Nigerian police, constituted torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a party.
The court noted that “the torture was intentional and aimed at coercing Mr Adebayo into signing a pre-written statement.”
Consequently, it ordered the Nigerian government to pay N5 million in compensation to the Applicant for the violation of his right to freedom from torture.
“It also ordered Nigeria to conduct a prompt, impartial, and effective investigation into the torture and prosecute those responsible.
“However, the court dismissed the claim that the applicant’s right to a remedy had been violated, noting that there was no evidence the Applicant had formally reported the abuse to relevant authorities,” the press statement summarising the court’s decision said.
Police brutality is a norm, which triggered the 2020 #EndSARS nationwide protest.
READ ALSO: Ex-NLC chairperson slumps, dies during alleged dispute with police operatives
In the October 2020 protest, Nigerian trooped to the streets in different parts of the country against extrajudicial killings by officers of the police special unit, the Special Anti-Robbery Squad (SARS).
The SARS was disbanded, following the protests.
The protests culminated in the killing of protesters by Nigerian soldiers at Lekki Tollgate on 20 October 2020.
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