The ECOWAS Court of Justice has ordered the Federal Republic of Nigeria to immediately release a Nigerian businessman, Moses Abiodun, who has been held in prolonged pretrial detention since 2008, without being formally charged or tried.
The court also awarded him N20 million in compensation for the violation of his fundamental human rights.
Abiodun was arrested by operatives of the now-defunct Special Anti-Robbery Squad in November 2008.
He was held without charge for five months before a Magistrate Court in Lagos reportedly issued a remand order on March 23, 2009. Since then, he has remained in custody, never having been formally charged or tried for any offence.
A statement on Thursday night from the court said the Nigerian government contested the claims, questioning the authenticity of the remand warrant and arguing that the case was inadmissible.
However, the court dismissed these objections, asserting its jurisdiction and ruling the application admissible.
In the judgment delivered in the suit marked: ECW/CCJ/APP/56/22, the regional court found that Abiodun’s detention—spanning nearly 16 years, amounted to multiple breaches of international human rights standards, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The statement partly read, “The ECOWAS Court found that it had jurisdiction to hear the matter and that the application was admissible. Upon examining the merits of the case, the Court found that the Applicant’s continued detention for about 16 years without charge or trial constituted a grave violation of his right to liberty under Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights.
“The Court also found 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.
“On the alleged violation of his right to fair trial, the Court equally held 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. Finally, the Court determined that Abiodun’s continued detention without trial amounted to anticipatory punishment and constituted inhuman and degrading treatment, in breach of Article 7.
“In its final orders, the Court: The court declared that the Applicant’s fundamental human rights had been violated. Ordered the immediate release of Mr. Moses Abiodun from detention. Awarded 20 million naira in compensation to the Applicant for the violations suffered.”
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