The Economic Community of West African States (ECOWAS) Court has mandated the Nigerian Federal Government to release businessman Moses Abiodun, who has been in detention without trial since 2009.
On Thursday, the court also instructed the Nigerian Government to pay Mr. Abiodun N20 million in compensation for what it termed “multiple violations” of his fundamental human rights.
Mr. Abiodun initiated the legal proceedings, referenced as ECW/CCJ/APP/56/22, claiming he was arrested by agents of the Special Anti-Robbery Squad (SARS) in November 2008. He asserted that he was held without charge for an initial five months, followed by a remand order issued by a Lagos State Magistrates Court on March 23, 2009.
Throughout his 16 years of incarceration, Mr. Abiodun maintained that he was never formally charged, tried, or convicted of any crime. He argued that his extended detention contravened his rights as outlined in the African Charter on Human and Peoples’ Rights, as well as other international treaties to which Nigeria is a signatory.
In response, the Nigerian Government denied the allegations, disputing the validity of the remand warrant presented by Mr. Abiodun and contesting the admissibility of the case.
In its ruling, the court determined that the applicant’s prolonged detention represented a serious violation of his right to liberty. It highlighted that this situation contravened Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights.
The court further stated that the unlawful detention infringed upon Mr. Abiodun’s right to freedom of movement, protected under Article 12 of both the African Charter and the International Covenant on Civil and Political Rights.
It concluded that holding an individual for 16 years without formal charges or a fair trial constituted a severe breach of Article 7(1)(d) of the African Charter. Additionally, it characterized Mr. Abiodun’s ongoing detention as a form of anticipatory punishment, which amounted to inhuman and degrading treatment, violating Article 5 of the African Charter and Article 7 of the ICCPR.
Consequently, the court ordered the immediate release of Mr. Abiodun from detention and awarded him N20 million in compensation for the violations he endured.
The ruling was delivered by a three-member panel led by Vice President Justice Sengu Koroma, with Justice Edward Asante reading the judgment and Justice Gbéri-bè Ouattara serving as a panel member.
(NAN)
