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In a damning verdict that underscores serious flaws in Nigeria’s criminal justice system, the ECOWAS Court of Justice has ruled in favour of Mr. Moses Abiodun, a Nigerian businessman who has been held in prolonged pretrial detention since 2008, declaring that the Federal Republic of Nigeria grossly violated his fundamental human rights.

In its judgment, the Court ordered Mr. Abiodun’s immediate release and awarded him ₦20 million in compensation for the violations he has suffered.

The suit, filed as Application No. ECW/CCJ/APP/56/22, brought Mr. Abiodun’s ordeal to international attention after he approached the regional court seeking redress for what he described as an unjust, unlawful, and inhumane detention spanning over sixteen years.

According to the facts submitted to the Court, Mr. Abiodun was arrested in November 2008 by operatives of the now-defunct Special Anti-Robbery Squad (SARS) of the Nigerian Police Force.

He was held for five months without being charged and was later remanded by an order from a Magistrate Court in Lagos State on 23 March 2009.

From that point onward, he remained in custody with no formal charges filed against him, no trial commenced, and no conviction secured—an extraordinary circumstance that has led to widespread condemnation.

Mr. Abiodun’s legal team argued that the prolonged detention without trial violated his rights under several binding legal instruments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR), both of which Nigeria has ratified. The applicant specifically pointed to breaches of his right to liberty, freedom of movement, and protection from arbitrary detention.

He maintained that the government’s continued failure to prosecute him or justify his detention in court amounted to a systemic abuse of power and an affront to the rule of law.

In response, the Federal Government of Nigeria contested the allegations, questioning the legitimacy of the remand warrant presented by the applicant and disputing the admissibility of the case.

The government also attempted to deflect responsibility by suggesting procedural irregularities, without providing evidence to counter the core allegation—that Mr. Abiodun had spent more than a decade and a half in custody without any formal judicial process.

After a thorough review, the ECOWAS Court dismissed the government’s objections, affirming both its jurisdiction to hear the matter and the admissibility of the application.

In a decision delivered by a judicial panel composed of Hon. Justice Sengu Koroma (Presiding), Hon. Justice Gbéri-bè Ouattara, and Hon. Justice Edward Asante (Judge Rapporteur), the Court found that the Nigerian state had indeed committed multiple and severe violations of Mr. Abiodun’s rights.

It held that detaining an individual for approximately sixteen years without trial constituted an egregious violation of his right to liberty, as enshrined in Article 6 of the African Charter and Article 9 of the ICCPR. The Court further found that the extended deprivation of freedom also infringed upon his right to freedom of movement under Article 12 of both instruments.

In its ruling, the Court condemned the Nigerian government’s failure to ensure due process and uphold the rule of law, stating that the magnitude and duration of the detention amounted to a grave miscarriage of justice. It ordered the immediate and unconditional release of Mr. Moses Abiodun and awarded him financial compensation in the amount of ₦20 million for the harm and suffering endured during the unlawful detention.

This judgment has far-reaching implications for the Nigerian justice system and serves as a stark reminder of the consequences of systemic impunity and failure to uphold human rights obligations. Human rights organizations and legal experts have hailed the ruling as a significant victory for justice and accountability, emphasizing the essential role of regional courts in protecting citizens when domestic remedies have failed.

As of the time of this report, the Nigerian authorities have not issued an official statement in response to the ECOWAS Court’s ruling. The decision is binding on all member states, and Nigeria is expected to comply fully by ensuring Mr. Abiodun’s release and payment of the compensation awarded by the Court.

The case of Moses Abiodun has become emblematic of broader challenges within Nigeria’s justice system, particularly concerning the use of pretrial detention, the lack of judicial oversight, and the rights of detainees who languish behind bars without access to legal recourse.

The ECOWAS Court’s ruling not only provides long-overdue justice for Mr. Abiodun but also sends a powerful message about the importance of accountability and the rule of law across the West African region.

The Street Reporters Newspaper recalls that in a similar landmark judgment delivered on February 28, 2024, the ECOWAS Court of Justice had found Nigeria in violation of the right to a fair and timely trial, and ordered the government to pay N2 million in compensation to Mr Abiodun Ilesanmi, a Nigerian trader residing in Lagos.

The court held that Nigeria failed to try Mr. Ilesanmi within a reasonable time following his arrest on April 2, 2021, contravening Article 7(1)(d) of the African Charter on Human and Peoples’ Rights, which guarantees an individual’s right to be heard within a reasonable period by a competent tribunal.

The case with suit number ECW/CCJ/APP/21/21, was filed before the Court on 24 May 2021.

In its ruling on the matter, the ECOWAS Court emphasized that Mr. Ilesanmi’s prolonged wait for trial proceedings amounted to a denial of justice. While the state maintained that his detention followed legal procedures, the court found that the delay in initiating his prosecution was unjustifiable and amounted to a breach of his fundamental human rights.

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