In a landmark decision on February 28, 2024, the ECOWAS Court of Justice held the Nigerian government accountable for the unlawful detention of Mr. Abiodun Ilesanmi, a Lagos-based trader, who had been imprisoned for 16 years without trial.

The court awarded him ₦2 million in compensation, emphasizing Nigeria’s violation of his right to a fair trial within a reasonable time, as stipulated in Article 7(1)(d) of the African Charter on Human and Peoples’ Rights.(courtecowas.org)

Background of the Case

Mr. Ilesanmi’s ordeal began in 2008 when he was arrested on charges related to alleged smuggling activities. Despite being granted bail by Nigerian courts, his detention continued without trial, leading to a protracted legal battle.

In May 2021, he approached the ECOWAS Court, seeking redress for the prolonged infringement of his rights.(Tribune Online)

Court’s Findings

The ECOWAS Court found that Nigeria had breached Mr. Ilesanmi’s rights to personal liberty, dignity, presumption of innocence, and a fair hearing.

However, the court dismissed claims concerning violations of his rights to personal liberty and dignity due to insufficient evidence.

The Nigerian government failed to provide adequate justification for the extended detention, and the court criticized the lack of timely trial proceedings.(Punch, courtecowas.org)

Significance of the Ruling

This judgment underscores the ECOWAS Court’s commitment to upholding human rights standards and holding member states accountable for violations.

It serves as a precedent for addressing cases of prolonged detention without trial and reinforces the principle that individuals are entitled to a fair and timely trial.(Punch)

Broader Implications

The ruling has broader implications for Nigeria’s legal system and its adherence to international human rights obligations.

It highlights the necessity for reforms to ensure that individuals are not subjected to indefinite detention without trial and that their rights are protected in accordance with both national and international laws.

The ECOWAS Court’s decision is a reminder of the importance of judicial oversight and the need for governments to respect the rights of individuals within their jurisdiction.

The ECOWAS Court’s decision to award ₦2 million in compensation to Mr. Abiodun Ilesanmi and order his immediate release is a significant step in the protection of human rights in West Africa.

It reinforces the importance of timely trials and the protection of individuals from arbitrary detention, setting a precedent for future cases in the region.(courtecowas.org)