The ECOWAS Court of Justice has ruled in favour of Mr. Moses Abiodun, a Nigerian businessman who has been in prolonged pretrial detention since 2009, declaring multiple violations of his fundamental human rights by the Federal Republic of Nigeria.
In Application No. ECW/CCJ/APP/56/22, Mr. Moses Abiodun, the applicant, filed a suit against the Federal Republic of Nigeria, alleging that he was arrested by operatives of the Special Anti-Robbery Squad (SARS) of the Nigerian police in November 2008 and has been detained ever since, initially for five months without charge, and subsequently on a remand order issued on 23 March 2009 by a Magistrate Court in Lagos State.
He decried that despite the passage of 16 years, he has never been formally charged, tried, or convicted of any offence.
He also contended that his prolonged detention violated his rights under the African Charter on Human and Peoples’ Rights and other international instruments to which Nigeria is a party. The Government of Nigeria denied the allegations, questioned the authenticity of the remand warrant presented by the applicant, and challenged the admissibility of the case.
The ECOWAS Court found that it had jurisdiction to hear the matter and that the application was admissible. Upon examining the merits of the case, the Court found that the applicant’s continued detention for about 16 years without charge or trial constituted a grave violation of his right to liberty under Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights (ICCPR).
The Court also found that the prolonged unlawful detention infringed his right to freedom of movement, as guaranteed under Article 12 of both the African Charter and the International Covenant on Civil and Political Rights.
On the alleged violation of his right to fair trial, the Court equally held that detaining a person for 16 years without formal charges or a fair and timely trial was an egregious violation of Article 7(1)(d) of the African Charter.
The Court subsequently determined that Mr. Abiodun’s continued detention without trial amounted to anticipatory punishment and constituted inhuman and degrading treatment, in breach of Article 5 of the African Charter and Article 7 of the ICCPR.
In its final orders, the Court declared that the applicant’s fundamental human rights had been violated; ordered the immediate release of Mr. Moses Abiodun from detention, and awarded him N20 million in compensation for the violations suffered.
The judgment was rendered by a panel comprising Hon. Justice Sengu Koroma (Presiding Judge). Hon. Justice Gbéri-bè Ouattara (Member), and Hon. Justice Edward Asante (judge Rapporteur).
