After nearly 16 years behind bars without charge or trial, the ECOWAS Court of Justice has ordered the Federal Republic of Nigeria to immediately release Moses Abiodun, a Nigerian businessman who was arrested in 2008 and held in prolonged pretrial detention.
In a ruling delivered in the case marked: ECW/CCJ/APP/56/22, the court also awarded Abiodun the sum of N20 million as compensation for what it described as multiple breaches of his fundamental human rights.
Abiodun’s ordeal began in November 2008 when operatives of the now-defunct Special Anti-Robbery Squad (SARS) arrested him. He remained in detention for five months without charge until a Magistrate Court in Lagos reportedly issued a remand order on March 23, 2009. Despite that, he was never formally charged or tried and has remained in custody ever since.
Reacting to the case, the Nigerian government challenged the claims, questioned the authenticity of the remand warrant, and argued that the matter was inadmissible. But the ECOWAS Court dismissed these objections, held that it had jurisdiction, and declared the application admissible.
In a statement issued by the court on Thursday night, the justices held that Abiodun’s continued detention constituted “a grave violation” of his right to liberty under international human rights laws.
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“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 statement read in part.
The court further ruled that the prolonged and unlawful detention violated Abiodun’s right to freedom of movement as guaranteed by 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,” the court added.
The court concluded its judgment by declaring that the Nigerian government had violated Abiodun’s fundamental human rights. It ordered his immediate release and directed the payment of N20 million in damages to him for the violations suffered.
