ECOWAS Court Slams Nigerian Govt for Detaining Business Man Without Trial For 16 Years, Awards N20 Million Compensation

 

After nearly two decades behind bars without formal charges, justice has finally found Moses Abiodun, a Nigerian businessman who had been held in detention since 2009. The Economic Community of West African States (ECOWAS) Court of Justice has ordered the Nigerian Government to release Abiodun immediately and compensate him with ₦20 million for what it described as “multiple violations” of his fundamental rights.

The landmark ruling, handed down on Thursday, puts an end to a harrowing saga that began in November 2008 when Abiodun was arrested by officers of the notorious Special Anti-Robbery Squad (SARS). Despite his arrest, the Nigerian state failed to charge, try, or convict him for any crime over the course of 16 years—a blatant disregard for legal due process and constitutional protections.

According to the suit filed before the ECOWAS Court, marked ECW/CCJ/APP/56/22, Abiodun was initially detained for five months without being brought before a competent court. On March 23, 2009, a remand order was reportedly issued by a Magistrates Court in Lagos State, a document the government later attempted to discredit in court. Since that date, Abiodun remained in detention without formal legal proceedings, prompting him to seek justice through the regional court.

Court documents revealed that Abiodun’s legal team anchored their arguments on several regional and international human rights treaties, particularly the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR), to which Nigeria is a signatory. They submitted that the prolonged and arbitrary detention constituted a gross violation of Abiodun’s rights to liberty, dignity, freedom of movement, and fair trial.

Representing the Nigerian Government, legal counsel denied the accusations and questioned the authenticity of the remand warrant provided by the applicant. The state also challenged the admissibility of the case altogether. However, the ECOWAS Court found these defenses unconvincing.

Justice Edward Asante, delivering the judgment on behalf of the three-member panel presided over by Vice President Justice Sengu Koroma, stated unequivocally that Abiodun’s continued detention was unlawful and a direct breach of multiple articles under the African Charter and ICCPR.

The court ruled that the applicant’s right to liberty, guaranteed under Article 6 of the African Charter and Article 9 of the ICCPR, had been severely violated. Additionally, his freedom of movement under Article 12 of both legal frameworks was found to have been infringed. Of significant concern was the violation of Article 7(1)(d) of the African Charter, which enshrines the right to be tried within a reasonable time or to be released pending trial.

Justice Asante described the case as a striking example of anticipatory punishment and labeled the prolonged incarceration without trial as both inhuman and degrading treatment—contravening Article 5 of the African Charter and Article 7 of the ICCPR.

The panel, which also included Justice Gbéri-bè Ouattara, unanimously agreed that the Nigerian Government must take full responsibility for the suffering endured by the businessman. They ordered Abiodun’s immediate release from custody and directed the state to pay ₦20 million as compensation for the unlawful detention and the psychological toll it has taken on him.

This judgment serves as a stark reminder of the consequences of human rights violations within the West African subregion. It also casts a spotlight on systemic flaws within Nigeria’s criminal justice system, particularly the widespread abuse of remand orders and the unchecked powers of law enforcement agencies like SARS.

The decision has been hailed by human rights advocates as a significant victory for justice and the rule of law, offering a glimmer of hope for others who may be languishing in detention without due process.