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In a landmark ruling, the Economic Community of West African States (ECOWAS) Court has ordered the Nigerian Government to release Moses Abiodun, a businessman who has been detained without trial since 2009. The court also awarded Abiodun N20 million in compensation for the “multiple violations” of his fundamental human rights.

Abiodun’s ordeal began in November 2008 when he was arrested by operatives of the Special Anti-Robbery Squad (SARS) police unit. He was initially detained for five months without charge and later held on a remand order issued by a Magistrates Court in Lagos State in March 2009. Despite being in custody for 16 years, Abiodun has never been formally charged, tried, or convicted of any offense.

The ECOWAS Court held that Abiodun’s prolonged detention was a grave violation of his rights to liberty, breaching Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights (ICCPR). The court also found that his detention infringed his right to freedom of movement, as guaranteed under Article 12 of both the African Charter and the ICCPR.

The Nigerian Government had denied the allegations, questioning the authenticity of the remand warrant and challenging the admissibility of the case. However, the ECOWAS Court declared 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. The court further stated that Abiodun’s continued detention was tantamount to anticipatory punishment and constituted inhuman and degrading treatment, breaching Article 5 of the African Charter and Article 7 of the ICCPR.

The three-member panel of the court, presided over by Vice President Justice Sengu Koroma, ordered the immediate release of Abiodun from detention. The judgment was read by Justice Edward Asante, with Justice Gbéri-bè Ouattara as a member. This ruling is a significant victory for Abiodun and a stark reminder of the need to uphold human rights and the rule of law in Nigeria.

The case highlights the importance of the ECOWAS Court in protecting the rights of citizens in West Africa. The court’s decision sends a strong message to governments in the region to respect the fundamental human rights of their citizens and to ensure that justice is served in a fair and timely manner. As Abiodun begins his journey to rebuild his life after 16 years of unjust detention, his case serves as a beacon of hope for others who have suffered similar injustices.