Police Brutality: ECOWAS Court Orders Nigerian Government To Pay N5 Million Compensation
The ECOWAS Court of Justice has directed the Nigerian government to pay N5 million in compensation to Oluwatimilehin Adebayo for the violation of his right to freedom from torture. The judgment also mandates a thorough investigation into the incident and prosecution of those responsible.
Mr. Adebayo had filed a lawsuit in 2023, alleging that police officers from the Ogun State Command subjected him to severe physical abuse. According to his account, he was beaten with the handle of an axe and tied to a pole with chains, leading to physical injuries, including trauma to his scrotum, and enduring psychological distress.
In its defense, the Nigerian government argued that the case was filed outside the three-year limitation period stipulated under the court’s rules and therefore was statute-barred. It also claimed that the court lacked jurisdiction, asserting the matter was either pending or previously resolved by a domestic court.
However, the ECOWAS Court dismissed these objections, affirming its jurisdiction to hear cases involving human rights violations. It clarified that the three-year limitation period under Article 9(3)(b) of the Court’s Protocol does not apply to such cases.
Delivering the judgment, Justice Dupe Atoki, part of the three-member panel, ruled that the actions of the Nigerian police constituted torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. The court concluded that the abuse was deliberate and intended to coerce Mr. Adebayo into signing a pre-written statement.
The court ordered the Nigerian government to:
Pay N5 million in compensation to Mr. Adebayo for the violation of his rights.
Conduct a prompt, impartial, and effective investigation into the incident.
Prosecute those responsible for the torture.
However, the court dismissed Mr. Adebayo’s claim that his right to a remedy had been violated, citing the absence of evidence showing he formally reported the abuse to the relevant authorities.
This ruling adds to ongoing scrutiny of police brutality in Nigeria, which gained international attention during the 2020 #EndSARS protests. The nationwide demonstrations were sparked by widespread reports of extrajudicial killings and abuses by the now-disbanded Special Anti-Robbery Squad (SARS).
The protests culminated in the tragic killing of unarmed demonstrators by Nigerian soldiers at the Lekki Tollgate on October 20, 2020, further intensifying calls for accountability and systemic reform in the country’s law enforcement agencies.
This judgment by the ECOWAS Court underscores the need for Nigeria to uphold its human rights commitments and address systemic issues in its justice system.
