The Economic Community of West African States Court of Justice, on Wednesday, awarded N2m damages against the Nigerian government over the delayed trial of an alleged smuggler, Abiodun Ilesanmi.
ECOWAS Court sitting in Abuja, Nigeria’s capital, pronounced that the Nigerian government violated Ilesanmi’s rights to a timely and fair trial.
The court held that Nigeria breached Article 7 (1)(d) of the African Charter on Human and Peoples’ Rights, which guarantees the right of an accused to trial within a reasonable time.
Ilesanmi, a Lagos-based trader, had dragged the Nigerian government to the court in a suit marked ECW/CCJ/APP/21/21.
Ilesanmi alleged that his rights to personal liberty, dignity of the human person, presumption of innocence, and right to a fair hearing were violated by agents of the government.
Counsel for Ilesanmi, Abubakar Marshal, claimed agents of the respondent unlawfully arrested him at his house on April 2, 2021, and also took away some of his documents and money.
He also contended that he was detained in solitary confinement under inhuman and degrading conditions, adding that though he was granted administrative bail, the conditions were stringent and difficult to attain.
The Nigerian government, through its lawyer, Mrs Aatikat Rufai, denied Ilesanmi’s claims.
She stated that Ilesanmi was released on administrative bail on June 13, 2021.
Rufai alleged that Ilesanmi was a major smuggler of a banned commodity and that his arrest, interrogation, and release were carried out in full compliance with the law.
She added that a nationwide strike by staff of the state’s judiciary prevented them from obtaining a search warrant to search nine other shops linked to Ilesanmi.
Reading the judgment, Justice Sengu Koroma held that the court had jurisdiction to hear the case.
The judge held that Ilesanmi’s arrest was not unlawful in view of the intelligence report, including evidence of banned commodities recovered from his house.
Koroma dismissed Ilesanmi’s claims that the defendant violated his rights to The personal liberty and dignity of the human person.
Koroma, however, held that the government violated Ilesanmi’s right to a timely and fair trial.
“Ilesanmi’s right to a fair trial within a reasonable time was violated. The Nigerian government is hereby ordered to pay N2m as compensation to him,” the court held.
