On December 3, 2024, the ECOWAS Court of Justice ruled in favor of Oluwatimilehin Adebayo, ordering the Nigerian government to pay N5 million as compensation for the violation of his right to be free from torture.
The case, titled Oluwatimilehin Adebayo vs Federal Republic of Nigeria (ECW/CCJ/APP/47/23), stemmed from Adebayo’s brutal treatment by police officers in Ogun State.
Adebayo was subjected to severe abuse, including being beaten with the handle of an axe and having his limbs bound with chains to a pole.
The torture caused physical injuries, including trauma to his scrotum, and left Adebayo with lasting psychological distress.
The Nigerian government contested the case, arguing that it was filed beyond the three-year limitation period and that the court lacked jurisdiction.
The government also claimed that the case involved issues already handled by a domestic court.
However, in her judgment, Justice Dupe Atoki, the judge rapporteur, stated that the actions of the police officers amounted to torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory.
The court ruled that the torture was intentional and aimed at coercing Adebayo into signing a false statement.
As a result, the court ordered the Nigerian government to pay N5 million to Adebayo as compensation and mandated that an impartial investigation be conducted into the torture, with those responsible to be prosecuted.
The court, however, rejected the claim that Adebayo’s right to remedy had been violated, as there was no evidence to suggest that he had formally reported the incident to the appropriate authorities.
