ECOWAS Court Rules Against Nigerian Government for Police Br*tality

The Community Court of Justice has ordered that a compensation of ₦5 million be paid to one Oluwatimilehin Adebayo, for breach of his rights not to be t*rtured by Nigeria. This judgment showed the commitment of the regional court in ensuring accountability by states over violations of their obligations under human rights.

The judgment, read by Justice Dupe Atoki, ordered the Nigerian government to take immediate measures to adequately investigate the t*rture inflicted by the police on Adebayo and stressed that fairness should be afforded and perpetrators prosecuted. “The Court noted that the t*rture was intentional and intended to force Mr. Adebayo to sign a pre-written statement,” the ruling said.

Adebayo had filed the suit against the police over extreme ab*se by men of the command in Ogun State, accusing the police of beating him with an axe handle, chaining his limbs to a pole during detention, and causing maltreatment that brought injury to his person, including damaging his scrotum, aside from the heavy psychological trauma.

The Nigerian government opposed this suit on the ground that it was beyond the three-year limitation period provided for within the rules of the court and that it was already before the domestic courts. These objections were rejected by the ECOWAS Court. Justice Atoki held that the three-year limitation period provided for under Article 9(3)(b) of the Court’s Protocol does not apply to cases of violation of human rights and thus maintained the jurisdiction in the matter.

The ruling went ahead to establish that the actions of the police officers ran afoul of Article 5 of the African Charter on Human and Peoples’ Rights, a treaty to which Nigeria is a signatory. The t*rture was carried out for the express purpose of eliciting a confession under compulsion and, as such, it was a severe pain to human dignity.

The court ordered it to pay compensation, coupled with ordering an efficient and independent investigation of the incident. It further ordered that those responsible be prosecuted, saying this calls for systemic reform over claims of police misbehavior.

It dismissed a complaint about the violation of his right to a remedy since there was no proof that he had ever made a formal complaint of the ab*se to anyone with power to assist him.

This judgment increases the growing number of judgments from the Community Court of Justice, ECOWAS, in cases of police misconduct and violations of human rights in Nigeria. This shows a very important role that the court could play in ensuring justice is accorded to victims where local remedies have proven inefficient or slow. Similar cases include the recent order for ₦10 million compensation for unlawful detention against Glory Okolie-a growing dependence on regional mechanisms for the protection of rights within West Africa​.