ECOWAS Court Orders Nigeria to Compensate Torture Victim with N5 Million

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ECOWAS Court Orders Nigeria to Compensate Torture Victim with N5 Million

By Fly Cable News

The ECOWAS Court of Justice has ordered the Nigerian government to pay ₦5 million in compensation to Oluwatimilehin Adebayo for the violation of his right to freedom from torture. The court also instructed the government to carry out a prompt, impartial, and effective investigation into the incident and prosecute those responsible for the abuse.

Adebayo had filed a lawsuit (ECW/CCJ/APP/47/23), accusing Ogun State police officers of subjecting him to severe physical abuse, including being beaten with an axe handle and having his limbs tied with chains to a pole. The ordeal caused him significant physical injuries and psychological trauma, including damage to his scrotum.

The Nigerian government challenged the court’s jurisdiction, arguing that the case was filed beyond the three-year limitation period set by the Court’s rules, and that the matter was already addressed by a municipal court. However, the court dismissed these objections, affirming its jurisdiction to hear human rights cases. It also clarified that the three-year limitation period does not apply to human rights violations.

In its ruling, delivered by Justice Dupe Atoki, the court found that the actions against Adebayo amounted to torture, in violation of Article 5 of the African Charter on Human and Peoples’ Rights. The court noted that the torture was deliberate, intended to coerce Adebayo into signing a false confession.

While the court ordered the Nigerian government to pay compensation, it dismissed Adebayo’s claim that his right to a remedy was violated, as there was no evidence that he had formally reported the abuse to authorities.

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