The ECOWAS Court of Justice has found the Federal Republic of Nigeria guilty of gross human rights violations for detaining Mr. Moses Abiodun, a Nigerian businessman, for 16 years without charge or trial, ordering his immediate release and awarding N20 million in compensation.
In the suit filed under Application No. ECW/CCJ/APP/56/22, Mr. Abiodun alleged he was arrested by operatives of the Special Anti-Robbery Squad (SARS) in November 2008 and initially held for five months without charge. He was later remanded by a Magistrate Court in Lagos on 23 March 2009, but never formally charged, tried, or convicted.
The Court, sitting in Abuja, held that Mr. Abiodun’s prolonged pretrial detention constituted multiple violations of his rights under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR).
In its judgment, the Court ruled that:
-
The applicant’s 16-year detention without trial violated his right to liberty under Article 6 of the African Charter and Article 9 of the ICCPR.
-
His freedom of movement was unlawfully restricted, breaching Article 12 of both instruments.
-
His right to a fair trial was denied, contravening Article 7(1)(d) of the African Charter.
-
The conditions of his detention amounted to inhuman and degrading treatment, violating Article 5 of the Charter and Article 7 of the ICCPR.
The Court dismissed the Nigerian government’s challenge to the admissibility of the case and the validity of the remand warrant, affirming its jurisdiction over the matter.
Delivering the judgment, the panel comprising Justices Sengu Koroma (Presiding), Gbéri-bè Ouattara, and Edward Asante, ordered Mr. Abiodun’s immediate release and awarded him N20 million in compensation for the sustained violation of his fundamental human rights.
