ECOWAS Court Orders Nigeria to Pay ₦20 Million Damages for Unlawful Detention of Businessman

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The ECOWAS Community Court of Justice has ruled in favor of Mr. Moses Abiodun, a Nigerian businessman who was unlawfully detained for 16 years without trial, awarding him ₦20 million in compensation for multiple violations of his fundamental human rights.

In the landmark judgment delivered in the case, suit no: ECW/CCJ/APP/56/22, Moses Abiodun vs. Federal Republic of Nigeria, the regional court found that Abiodun’s prolonged detention without trial constituted clear breaches of his rights to liberty, freedom of movement, fair trial, and protection from inhuman and degrading treatment under the African Charter on Human and Peoples’ Rights and other applicable international instruments.

Arrested by SARS, Detained Indefinitely

Abiodun, represented by counsel Chigozie Uzodinma, alleged that he was arrested in November 2008 by operatives of the Special Anti-Robbery Squad (SARS), a now-defunct and controversial unit of the Nigerian Police. He was detained for five months before being remanded on March 23, 2009, by a Lagos magistrate on provisional charges of conspiracy and armed robbery.

Despite this remand, Abiodun has neither been formally charged, tried, nor convicted in any court of law for over 16 years.

In its defense, the Federal Republic of Nigeria denied knowledge of SARS and challenged the authenticity of the remand warrant, claiming it was forged.

However, the applicant provided a certified true copy of the remand order issued by the court to the correctional authorities, which the court accepted as valid evidence.

The court ruled that Abiodun’s prolonged detention without trial was unjustifiable and unlawful, affirming that it infringed on his:

Right to liberty
Right to freedom of movement
Right to a fair trial within a reasonable time
Right to freedom from cruel, inhuman, and degrading treatment

The court noted that 16 years in detention without trial was excessive by any standard and acknowledged the existence and notoriety of SARS in Nigeria, particularly referencing the widely recognized #EndSARS protests of 2020. It rejected the government’s claim of ignorance regarding SARS’s actions.

Additionally, the court overruled Nigeria’s objection that the case was statute-barred, citing well-established ECOWAS precedent, which states that human rights claims are not limited by time under Article 9(3) of the Court’s Rules.

Judgment and Compensation

Acknowledging Mr. Abiodun as a victim of severe rights violations, the court ordered the Nigerian government to pay ₦20 million in damages.

“This is a powerful judgment not just for my client but for every Nigerian whose rights have been trampled under a culture of impunity and administrative neglect,” said Mr. Uzodinma following the ruling.

The judgment further underscores the role of the ECOWAS Court as a vital platform for human rights enforcement in West Africa, especially in cases where domestic justice systems have failed to provide timely redress.