The ECOWAS Court of Justice, in a landmark judgment delivered on 28 February 2024, has held the Nigerian government liable for violating the rights of Mr. Abiodun Ilesanmi, a Nigerian trader residing in Lagos. The Court ordered the government to pay Mr. Ilesanmi Two Million Naira as compensation.
The judgment, read by Justice Sengu Mohamed Koroma, Judge Rapporteur, stated that the Court had jurisdiction to hear the case and declared it admissible. The Court found that Nigeria violated Mr. Ilesanmi’s fair trial rights, specifically the right to be heard within a reasonable time as guaranteed under Article 7 (1)(d) of the African Charter on Human and Peoples’ Rights (ACHPR).
However, the Court dismissed claims of violation of the rights to personal liberty and dignity of the human person due to lack of sufficient evidence. It also dismissed all other claims and ordered both parties to bear their costs of litigation.
In the case filed before the Court with suit number ECW/CCJ/APP/21/21, Mr. Ilesanmi alleged that his rights to personal liberty, dignity of the human person, presumption of innocence, and right to fair hearing were violated by agents of the Nigerian government. He claimed that he was unlawfully arrested at his house on 2 April 2021 and detained in solitary confinement under inhuman and degrading conditions.
Mr. Ilesanmi’s lawyer, Mr. Abubakar Marshal, argued that his client was released on administrative bail on 13 June 2021, but the conditions were stringent and difficult to attain. On the other hand, Mrs. Aatikat Rufai, representing the Nigerian government, denied the claims, stating that Mr. Ilesanmi was a major smuggler of a banned commodity and that his arrest, interrogation, and release were lawful.
The Court noted the intelligence report and evidence of banned commodities recovered from Mr. Ilesanmi’s house but declared that his arrest did not contravene the provisions of Article 6 of the African Charter. However, it found that there was insufficient evidence to support claims of violation of his rights to freedom from inhuman and degrading treatment, dismissing the claim. The Court held that his right to a fair trial within a reasonable time was indeed violated.
The bench comprised Justices Gberi-Bè Ouattara, presiding, and Dupe Atoki, as a member. The judgment underscores the importance of upholding human rights and fair trial standards across the ECOWAS region.
