After nearly 16 years behind bars without a single day in court, Nigerian businessman Moses Abiodun has finally been granted justice. The ECOWAS Court of Justice has ordered the Federal Government of Nigeria to release Abiodun immediately and pay him N20 million in compensation for violating his fundamental human rights.
Abiodun was arrested by operatives of the now-defunct Special Anti-Robbery Squad (SARS) in November 2008 and held without charge for five months. On March 23, 2009, a Magistrate Court in Lagos reportedly issued a remand order.
However, the government later claimed the order was either unauthentic or inadmissible. Yet for nearly 16 years, he remained in custody, never formally charged or tried for any crime.
In a judgment delivered in the case marked ECW/CCJ/APP/56/22, the ECOWAS court ruled that the prolonged detention without trial was a gross violation of international human rights laws, including provisions under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
“The ECOWAS Court found that it had jurisdiction to hear the matter and that the application was admissible,” the court said in a statement released Thursday night.
“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.”
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The court also ruled that Abiodun’s detention breached his right to freedom of movement, his right to a fair trial, and amounted to inhuman and degrading treatment.
While the Court found the unlawful detention to be an infringement of Abiodun’s right to movement, it also ruled that detaining a person without formal charges or a fair trial for 16 years is a flagrant disregard for one’s human rights.
However, the Nigerian government has contested the case, challenging the authenticity of the remand warrant and arguing that the suit should be dismissed. But, the court dismissed those objections and upheld its jurisdiction.
In its final decision, the ECOWAS Court:
- Declared that Abiodun’s fundamental human rights had been violated
- Ordered his immediate release from detention
- Awarded him N20 million in damages for the suffering he endured
This ruling underscores growing concerns over Nigeria’s long-standing issues with unlawful detention, delayed trials, and abuse of due process within its criminal justice system.
