ECOWAS Court Orders Nigerian Government to Compensate ₦5 Million for Police Torture

The Economic Community of West African States (ECOWAS) Court of Justice has ruled that the Nigerian government must pay ₦5 million in compensation to Oluwatimilehin Adebayo for violating his right to freedom from torture.

In a ruling delivered by Justice Dupe Atoki, the regional court found that Adebayo had been subjected to physical abuse by police officers in Ogun State. According to the case, identified as ECW/CCJ/APP/47/23, Adebayo accused the officers of beating him with an axe handle, chaining him to a pole, and causing severe injuries, including trauma to his scrotum. He also reported enduring significant psychological distress as a result of the abuse.

The court determined that the police actions amounted to torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. Justice Atoki emphasized, “The torture was deliberate and intended to force Mr. Adebayo into signing a pre-written statement.”

Along with the ₦5 million compensation, the ECOWAS court ordered the Nigerian government to launch a swift, impartial, and effective investigation into the incident and ensure the prosecution of those responsible for the abuse.

However, the court rejected Adebayo’s claim that his right to a remedy had been violated, stating there was no evidence to show that he had formally reported the abuse to the relevant authorities.

The Nigerian government had contested the court’s jurisdiction, arguing that the case was statute-barred due to the three-year limitation period outlined in Article 9(3)(b) of the ECOWAS Court’s protocol. It also claimed that the matter was either pending or had already been decided by a local court, thus falling outside the ECOWAS Court’s jurisdiction.

Despite these objections, the ECOWAS Court upheld its authority, clarifying that human rights violations are not subject to the same limitation period and reaffirming its jurisdiction over such cases.