The Economic Community of West African States (ECOWAS) Court of Justice recently delivered a major ruling in the case of Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23).
The court ordered the Nigerian government to pay N5 million in compensation to Mr. Adebayo for the violation of his right to freedom from torture.
This decision came after Mr. Adebayo alleged that police officers from the Ogun State Command subjected him to severe physical abuse, including being beaten with the handle of an axe and having his limbs tied with chains to a pole. These acts resulted in physical injuries, such as scrotal trauma, and caused significant psychological distress.
The ECOWAS Court also mandated the Nigerian government to "conduct a prompt, impartial, and effective investigation into the torture and prosecute those responsible."
Despite the Nigerian government's argument that the case was filed outside the three-year limitation period stipulated under the ECOWAS Court’s rules, the court dismissed these preliminary objections. It asserted its jurisdiction to hear human rights cases, clarifying that the three-year limitation does not apply to such violations.
Justice Dupe Atoki, delivering the judgment, emphasized that the actions of the Nigerian police violated Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a party.
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