ECOWAS Court has ordered Nigeria to pay N5m as compensation to Oluwatimilehin Adebayo, a Nigerian, for the violation of his right to freedom from torture.
The three-member panel of the court presided over by Justice Sengu Koroma, also ordered Nigeria to conduct a “prompt, impartial, and effective” investigation into Adebayo’s alleged torture by the police, as well as prosecute the culprits.
The petitioner in the suit marked; Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23), alleged that he was subjected to police brutality and torture by police officers in Ogun state.
Adebayo claimed that the police operatives beat him with the handle of an axe while tying his limbs to a pole, with chains, thereby causing physical injuries to his scrotum.
He told the court that the torture left him both physical and psychological damages and therefore prayed to the court to grant him remedial compensation.
Nigeria raised an objection to the petition, saying the court lacked jurisdiction to hear the matter. It added that doing so would constitute a review of a matter already adjudicated or currently under consideration (sub judice) in Nigerian courts.
Additionally, Nigeria argued that the petition was statute-barred, as it was filed after the three-year time limit stipulated by the court’s rules and urged the court to dismiss the petition.
Delivering the unanimous judgment, Justice Dupe Atoki, dismissed Nigeria’s preliminary objections, saying it had jurisdiction to hear human rights cases within the Community Court’s jurisdiction.
Justice Atoki held that the matter was admissible as the statute of limitations under Article 9 (3) (b) of the Court’s Protocol does not apply to human rights violations.
She further held that the victim’s maltreatment is an act of torture, which violated Article 5 of the African Charter on Human and Peoples’ Rights.
“The torture was intentional and aimed at coercing the applicant into signing a pre-written statement,” the court held.
Therefore, Justice Atoki ordered the Nigerian government to pay five million naira in compensation to the victim for the violation of his right to freedom from torture.
The court, however, dismissed the applicant’s claim that his right to remedy was violated, noting there was no evidence that he had formally reported the abuse to relevant authorities.