The ECOWAS Court of Justice has directed the Federal Republic of Nigeria to pay ₦5 million in compensation to Oluwatimilehin Adebayo for violating his right to freedom from torture.
The court also mandated Nigeria to conduct a thorough, impartial investigation into the torture incident and prosecute those responsible.
Adebayo, in a suit (ECW/CCJ/APP/47/23), accused police officers in Ogun State of subjecting him to brutal physical abuse, including beating him with an axe handle and restraining him with chains tied to a pole. The assault caused severe physical injuries, including trauma to his scrotum, and left him with significant psychological distress.
The Nigerian Government contested the court’s jurisdiction, arguing the case was filed beyond the three-year limitation period under the Court’s rules and was therefore statute-barred. It also claimed the matter fell outside the court’s jurisdiction, as it would require reviewing a case already pending or resolved by domestic courts.
However, the ECOWAS Court dismissed these objections, asserting its authority to hear human rights cases. It clarified that the three-year limitation period under Article 9(3)(b) of the Court’s Protocol does not apply to human rights violations.
In a judgment delivered by Justice Dupe Atoki, the court ruled that the acts committed against Adebayo constituted torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory.
The court emphasised that the torture was intentional, aimed at coercing Adebayo into signing a pre-written statement. Consequently, it ordered the payment of ₦5 million in compensation for the violation of his rights.
Additionally, the court instructed Nigeria to conduct an impartial investigation into the torture and prosecute those responsible. However, it rejected Adebayo’s claim that his right to a remedy was violated, citing a lack of evidence that he had formally reported the abuse to authorities.
