The Economic Community of West African States Court has ordered the Federal Government of Nigeria to release a Nigerian businessman, Moses Abiodun, who has been in detention since 2009 without trial.
The court on Thursday, also ordered the Nigerian Government to pay N20 million compensation to the victim for what it described as the “multiple violations” of his fundamental human rights.
Mr Abiodun had filed the suit marked: ECW/CCJ/APP/56/22, alleging that he was arrested by operatives of the Special Anti-Robbery Squad (SARS) police unit in November 2008.
The applicant had alleged that he was later detained, initially for five months without charge, and subsequently on a remand order issued on March 23, 2009, by a Magistrates Court in Lagos State.
According to the applicant, he has never been formally charged, tried, or convicted of any offence throughout the 16 years that he was incarcerated.
He contended in his submission before the community court that his prolonged detention violated his rights under the African Charter on Human and Peoples’ Rights and other international instruments to which Nigeria was a party.
The Nigerian Government in its submission before the community court, however, denied the allegations.
The government questioned the authenticity of the remand warrant presented by the applicant and challenged the admissibility of the case.
Delivering judgment, the court held that the prolonged detention of the applicant constituted a grave violation of his rights to liberty.
According to the court, the act is in breach of Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights.
The court also held that the prolonged unlawful detention infringed his right to freedom of movement, as guaranteed under Article 12 of both the African Charter and the International Covenant on Civil and Political Rights.
The court declared that detaining a person for 16 years without formal charges, or a fair and timely trial, was an egregious violation of Article 7(1)(d) of the African Charter.
It further declared that Mr Abiodun’s continued detention was tantamount to anticipatory punishment and constituted inhuman and degrading treatment, which breached Article 5 of the African Charter and Article 7 of the ICCPR.
The court therefore ordered the immediate release of the applicant from detention and awarded N20 million in compensation to him for the violations suffered.
The three-member panel of the court was presided over by its Vice President, Justice Sengu Koroma, while the judgment was read by Justice Edward Asante, with Justice Gbéri-bè Ouattara as member.
(NAN)
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