Rita Odafe
The ECOWAS Court has mandated the Nigerian authorities to release Moses Abiodun, a businessman who has been incarcerated.
Reports indicate that Abiodun has been in custody without a trial since 2009.
On Thursday, the court also ordered the Nigerian Government to pay N20 million to Abiodun as compensation for what it termed “numerous violations” of his basic human rights.
According to the News Agency of Nigeria (NAN), Abiodun had initiated legal proceedings under case number ECW/CCJ/APP/56/22, claiming he was arrested by the Special Anti-Robbery Squad (SARS) in November 2008.
He alleged that he was initially held without charges for five months, followed by detention under a remand order issued by a Lagos Magistrates Court on March 23, 2009.
Throughout the 16 years of his confinement, he stated that he had not been formally charged, tried, or convicted of any crime.
He argued before the Community Court that his extended detention infringed upon his rights as outlined in the African Charter on Human and Peoples’ Rights and other international agreements that Nigeria has ratified.
In its defense, the Nigerian Government denied the allegations and questioned the legitimacy of the remand warrant submitted by Abiodun, challenging the case’s validity.
In its ruling, the court found that Abiodun’s prolonged detention was a serious breach of his right to liberty.
The court noted that this situation contravenes Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights (ICCPR).
Furthermore, the court asserted that his unlawful long-term detention violated his freedom of movement rights as enshrined in Article 12 of both the African Charter and the ICCPR.
The court declared that keeping someone imprisoned for 16 years without formal charges or a fair trial is a significant violation of Article 7(1)(d) of the African Charter.
It was also stated that Abiodun’s ongoing detention amounted to preemptive punishment and amounted to cruel and degrading treatment, violating Article 5 of the African Charter and Article 7 of the ICCPR.
As a result, the court ordered Abiodun’s immediate release and granted him N20 million in compensation for the violations 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 member.
