The ECOWAS Court of Justice has directed the Federal Republic of Nigeria to pay ₦5 million to Oluwatimilehin Adebayo, compensating him for the violation of his right to freedom from torture. The court’s decision comes in the wake of a harrowing account of abuse, underscoring the urgent need for accountability and justice within law enforcement.
The court’s order follows a suit filed by Adebayo, marked as ECW/CCJ/APP/47/23, in which he detailed the gruesome torture inflicted upon him by police officers in Ogun State. Adebayo alleged that he was subjected to severe physical violence, including being assaulted with the handle of an axe and having his limbs bound with chains and attached to a pole. This brutal treatment resulted in significant physical injuries, including trauma to his scrotum, and left him plagued by profound psychological distress.
In its judgment, delivered by Justice Dupe Atoki, the ECOWAS Court reiterated its stance on human rights, asserting jurisdiction over cases of torture irrespective of the Nigerian Government’s objections. The government had contended that the lawsuit fell outside the three-year statute of limitations prescribed by the Court’s rules, claiming the court lacked the authority to hear the case since it may involve matters already adjudicated in domestic courts. However, the tribunal dismissed these assertions, clarifying that the limitation does not pertain to human rights violations, thus underscoring the Court’s mandate to address such grave concerns.
The Court emphasized that Adebayo’s torture constituted a blatant violation of Article 5 of the African Charter on Human and Peoples’ Rights, an agreement 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,” it stated, highlighting the reprehensible nature of the actions taken against the applicant.
In addition to the compensation, the Court mandated the Nigerian government to initiate a prompt, impartial, and effective investigation into Adebayo’s ordeal, ensuring that those responsible for the torture are held accountable. This ruling serves as a crucial moment for justice in Nigeria, one that reinforces the necessity for law enforcement agencies to operate within the bounds of the law and respect human rights.
Nevertheless, the court dismissed a claim concerning the violation of the applicant’s right to a remedy, noting that Adebayo had not provided evidence that he had formally reported the abuse to relevant authorities. This aspect of the ruling highlights the complexities involved in seeking justice and the importance of formal reporting mechanisms for victims of torture and other abuses.
As Nigeria grapples with ongoing issues of human rights abuses within its police force, this ruling by the ECOWAS Court may serve as a critical catalyst for reform. The decision not only offers compensation to Adebayo but also sends a strong message about the international commitment to uphold human rights standards and the responsibility of nations to protect their citizens from brutality by state agents.
In a region where justice for victims of torture can often seem elusive, the ECOWAS Court’s ruling stands as a beacon of hope, urging all member states to strengthen their legal frameworks to protect human rights and ensure accountability for violations.
