ECOWAS Court Orders Immediate Release of Nigerian Held Without Trial Since 2008, Awards N20 Million Compensation
In a landmark ruling that underscores the importance of human rights and the rule of law, the ECOWAS Court of Justice has ordered the Federal Republic of Nigeria to immediately release Moses Abiodun, a Nigerian businessman who has been unlawfully detained for nearly 16 years without trial or formal charges.
The court also awarded Abiodun N20 million in compensation for the gross violations of his fundamental human rights.
According to the judgment, delivered in the suit marked ECW/CCJ/APP/56/22, the court held that Abiodun’s continued detention since November 2008 constituted multiple breaches of international human rights treaties to which Nigeria is a signatory, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR).
Abiodun was originally arrested in November 2008 by operatives of the now-disbanded Special Anti-Robbery Squad (SARS). Despite the gravity of such an arrest, he was not formally charged with any crime. He remained in unlawful custody for five months before a Magistrate Court in Lagos reportedly issued a remand order on March 23, 2009. However, even after this order, Abiodun was neither tried nor arraigned in any court, and has remained in detention to date—a period spanning close to 16 years.
In a statement issued Thursday night, the ECOWAS Court revealed that the Nigerian government had challenged the admissibility of the case and disputed the authenticity of the remand warrant. It also questioned the jurisdiction of the court over the matter. However, the regional court dismissed these objections, affirming both its jurisdiction and the admissibility of the application.
After a detailed review of the merits of the case, the Court found overwhelming evidence of prolonged and unjustifiable violations of Abiodun’s fundamental rights. The court ruled that his detention without formal charge or trial for over a decade and a half was a “grave violation” of Article 6 of the African Charter and Article 9 of the ICCPR, both of which guarantee the right to liberty and protection against arbitrary arrest and detention.
Furthermore, the court found that Abiodun’s right to freedom of movement, as enshrined in Article 12 of both international instruments, had been flagrantly violated. The prolonged and indefinite detention also constituted a violation of his right to a fair and timely trial, in breach of Article 7(1)(d) of the African Charter.
The ECOWAS Court emphasized that keeping an individual in custody for 16 years without any formal charges or court proceedings amounted not only to anticipatory punishment, but also to inhuman and degrading treatment, a serious breach of Article 7 of the African Charter.
In its final ruling, the Court made the following declarations and orders:
- Declared that the Applicant’s fundamental human rights had been violated by the Nigerian government.
- Ordered the immediate and unconditional release of Mr. Moses Abiodun from detention.
- Awarded N20 million in damages as compensation to the Applicant for the sustained violations and emotional, psychological, and physical distress suffered during his detention.
The case has since drawn wide attention, highlighting persistent issues surrounding prolonged pretrial detention, abuse of remand orders, and the long-standing need for reform within Nigeria’s criminal justice system. Human rights advocates have welcomed the judgment as a significant step toward accountability and justice for victims of arbitrary detention in the region.
This ruling not only reaffirms the authority of the ECOWAS Court in protecting the rights of citizens across West Africa but also places moral and legal pressure on member states—particularly Nigeria—to uphold the basic principles of justice, due process, and human dignity.