ECOWAS Court orders Nigeria to pay victim of police torture N5m in compensation

The ECOWAS Court on Thursday ordered the Federal Government to pay N5 million in compensation to one Oluwatimilehin Adebayo for violation of his rights.

The court also ordered the government to conduct a “prompt, impartial, and effective” investigation into Adebayo’s alleged torture by the police as well as prosecute the culprits.

The plaintiff had approached the court in the suit marked: Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23) over torture by police officers in Ogun State.

He claimed that the police operatives subjected him to severe physical abuse by beating him with the handle of an axe and tying his limbs to a pole with chains.

Adebayo further alleged that the police brutality caused him physical injuries, including trauma to his scrotum, and left him suffering from significant psychological distress and, therefore, prayed for remedial compensation.

The government had challenged the court’s jurisdiction and argued that the case was statute-barred.

The government insisted that the case was filed outside the three years stipulated by the court’s rules.

It also contended that the court lacked jurisdiction to entertain the suit because it would amount to reviewing a case that had already been decided or was pending (sub judice) before a Nigerian court.

Justice Dupe Atoki, who read the three-member panel’s decision, dismissed Nigeria’s preliminary objections.

The panel was headed by Justice Sengu Koroma with Justice Atoki as the judge rapporteur and Justice Gberi-Bè Ouattara as a member.

Atoki said the court has jurisdiction to hear human rights cases within the ECOWAS jurisdiction.

According to her, the statute of limitations under Article 9 (3) (b) of the Court’s Protocol does not apply to human rights violations, hence, the matter was admissible.

The judge held that the victim’s maltreatment constituted an act of torture and violated Article 5 of the African Charter on Human and Peoples’ Rights to which Nigeria is a party.

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