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The Economic Community of West African States Court on Thursday has mandated the Nigerian Federal Government to free Moses Abiodun, a businessman who has been imprisoned without trial since 2009.
The court also directed the Nigerian Government to pay N20 million in compensation to Abiodun for what it termed "multiple violations" of his fundamental human rights.
Abiodun filed a lawsuit with the reference ECW/CCJ/APP/56/22, claiming he was apprehended by members of the Special Anti-Robbery Squad (SARS) in November 2008.
He asserted that he was first held without charge for five months and then detained under a remand order issued on March 23, 2009, by a Magistrates Court in Lagos State. Throughout his 16 years of imprisonment, he stated that he had never been formally charged, tried, or convicted of any crime.
In his submissions to the community court, he argued that his extended detention infringed upon his rights as outlined in the African Charter on Human and Peoples' Rights and other international agreements to which Nigeria is a signatory.
The Nigerian Government, however, refuted these claims, disputing the validity of the remand warrant provided by the applicant and contesting the case's admissibility.
In its ruling, the court determined that the applicant’s prolonged detention represented a serious violation of his right to liberty. It noted that this was in breach of Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights. Furthermore, the court found that the unlawful continued detention compromised his right to freedom of movement, as protected under Article 12 of both the African Charter and the International Covenant on Civil and Political Rights.
The court stated that holding someone for 16 years without formal charges or a fair and timely trial constituted a severe infringement of Article 7(1)(d) of the African Charter.
It also concluded that Abiodun's ongoing detention amounted to anticipatory punishment and was a form of inhuman and degrading treatment, violating Article 5 of the African Charter and Article 7 of the ICCPR. Consequently, the court ordered his immediate release and granted him N20 million in compensation for the violations he experienced.
The judgment was delivered by a three-member panel led by Vice President Justice Sengu Koroma, with the ruling read by Justice Edward Asante and Justice Gbéri-bè Ouattara serving as a member.
