ECOWAS Court Orders Nigeria To Pay ₦5m For Police Torture, Demands Investigation

Abuja, Nigeria – The ECOWAS Court of Justice has ordered the Federal Republic of Nigeria to pay ₦5 million in compensation to Oluwatimilehin Adebayo for the torture he suffered at the hands of police officers in Ogun State.

The landmark ruling, delivered on December 3rd, 2024, in the case Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23), also mandates a thorough investigation into the incident and prosecution of those responsible.

Adebayo’s ordeal involved severe physical abuse, including beatings with an axe handle and chaining to a pole, resulting in significant physical injuries and psychological distress.

The police actions, the court found, constituted torture aimed at coercing a confession.

Nigeria challenged the court’s jurisdiction, arguing the case was filed beyond the three-year limitation period and that the matter was already before, or had been decided by, a domestic court.

However, the court, presided over by Honourable Justice Sengu Mohamed Koroma, with Honourable Justice Dupe Atoki as judge rapporteur and Honourable Justice Gberi-Bè Ouattara as panel member, dismissed these preliminary objections.

The judges clarified that the statute of limitations does not apply to human rights violations under Article 9(3)(b) of the Court’s Protocol and reaffirmed its jurisdiction to hear such cases.

In her judgment, Justice Atoki stated that the actions violated Article 5 of the African Charter on Human and Peoples’ Rights.

While the court acknowledged the severity of the torture, it dismissed Adebayo’s claim of a violation of his right to a remedy, citing a lack of evidence that he formally reported the abuse to the relevant authorities.

The ruling is a significant victory for human rights advocates and underscores the ECOWAS Court’s commitment to holding member states accountable for human rights abuses.

The ₦5 million compensation is intended to redress the harm suffered by Adebayo, while the mandated investigation aims to prevent future occurrences of police brutality and ensure justice for the perpetrators.

The Nigerian government’s response to this ruling will be closely watched.