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The ECOWAS Court has ordered the Nigerian government to pay N5 million in compensation to Citizen Oluwatimilehin Adebayo for the violation of his right to freedom from torture.
The court also mandated Nigeria to conduct a “prompt, impartial, and effective” investigation into Mr. Adebayo’s allegations of police torture and to prosecute those responsible for the abuse.
Mr. Adebayo filed the suit, titled Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23), alleging that police officers in Ogun State subjected him to brutal physical abuse. He claimed the officers beat him with the handle of an axe and tied his limbs to a pole using chains.
The torture, he alleged, caused severe physical injuries, including trauma to his scrotum, and left him suffering from significant psychological distress. Mr. Adebayo sought remedial compensation for his suffering.
Nigeria’s Defense
The Nigerian government challenged the court’s jurisdiction, arguing that the case was filed outside the three-year period stipulated by the ECOWAS Court’s rules, rendering it statute-barred.
Nigeria further contended that the court lacked jurisdiction because the matter was either previously decided or sub judice before Nigerian courts.
Judgment
Delivering the ruling, Justice Dupe Atoki dismissed Nigeria’s preliminary objections, affirming the court’s jurisdiction to hear human rights cases. Justice Atoki explained that the statute of limitations under Article 9(3)(b) of the court’s protocol does not apply to cases involving human rights violations.
The court found that the treatment Mr. Adebayo endured amounted to torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, which Nigeria has ratified.
“The torture was intentional and aimed at coercing the applicant into signing a pre-written statement,” the court declared.
As a result, the court ordered the Nigerian government to compensate Mr. Adebayo with N5 million for the violation of his right to freedom from torture.
Other Rulings
The court, however, dismissed Mr. Adebayo’s claim that his right to remedy had been violated, citing a lack of evidence that he had formally reported the abuse to the relevant authorities.
The three-member panel, presided over by Justice Sengu Koroma, included Justice Dupe Atoki as the judge rapporteur and Justice Gberi-Bè Ouattara as a member.
This ruling underscores the ECOWAS Court’s commitment to addressing human rights violations within the region.
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