After a 16-year ordeal in detention without trial, Nigerian businessman Moses Abiodun will finally regain his freedom following a landmark ruling by the Economic Community of West African States (ECOWAS) Court of Justice.
In its judgement delivered Thursday by a three-member panel, the court ordered the Nigerian government to immediately release Abiodun and pay N20 million in compensation for what it described as “multiple violations” of his fundamental human rights.
“The continued detention of the applicant without trial is tantamount to anticipatory punishment and constitutes inhuman and degrading treatment,” declared the court in its ruling.
The panel, presided over by Justice Sengu Koroma, Vice President of the ECOWAS Court, included Justice Edward Asante, who read the judgement, and Justice Gbéri-bè Ouattara.
Case Background
According to the ECOWAS Court, Abiodun was arrested in November 2008 by operatives of the now-defunct Special Anti-Robbery Squad (SARS). He was detained for five months without charge before being remanded by a Magistrates’ Court in Lagos State on March 23, 2009.
In his application (suit number ECW/CCJ/APP/56/22), Abiodun claimed that throughout his 16-year detention, he was never formally charged, tried, or convicted.
The businessman argued that his prolonged detention violated his rights under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a signatory.
Government’s Defence Rejected
The Nigerian government denied Abiodun’s allegations and challenged both the authenticity of the remand warrant and the admissibility of the case before the ECOWAS Court.
However, the court dismissed these objections and ruled that the detention constituted grave violations of multiple rights, including
– Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights (ICCPR) concerning the right to liberty.
– Article 12 of both the African Charter and ICCPR regarding freedom of movement.
– Article 7(1)(d) of the African Charter concerning the right to trial within a reasonable time.
– Article 5 of the African Charter and Article 7 of the ICCPR on the prohibition of inhuman and degrading treatment.
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