The Court of Justice of the Economic Community of West African States (ECOWAS) ordered the Nigerian Government to pay N2 million to Abiodun Ilesanmi for the violation of his right to a prompt and fair trial on Wednesday, February 28, 2024.

According to the Court, Nigeria had infringed upon the applicant’s right to a fair trial, particularly the right to a prompt hearing as stipulated in Article 7 (1)(d) of the African Charter on Human and Peoples’ Rights.

A trader from Lagos named Ilesanmi had brought the Nigerian Government before the Court in a suit with the file number ECW/CCJ/APP/21/21.

Ilesanmi claimed that Government Agents had infringed on his rights to personal liberty, human dignity, the presumption of innocence, and a fair trial.

On April 2, 2021, Ilesanmi was forcibly arrested at his home by Agents of the Respondent State, according to his lawyer, Abubakar Marshal, who also alleged that some of his documents and money were taken from him.

In addition, he argued that although administrative bail had been granted; it was difficult to meet the strict requirements and that he was kept in solitary confinement under cruel and dehumanizing circumstances.

According to Mrs. Aatikat Rufai, the Federal Government’s Lawyer, Ilesanmi’s arguments were refuted, and on June 13, 2021, Ilesanmi was freed from administrative bail.

Rufai stated further that Ilesanmi was a significant contraband smuggler, and his detention, questioning, and eventual release were all done following the law.

She continued by saying that they could not get properly issued search warrants to search nine further stores connected to Ilesanmi due to a statewide strike by State Judicial Employees.

Justice Sengu Koroma concluded after reading the verdict that the Court was competent to consider the issue.

He stated that his arrest did not violate Article 6 of the African Charter, despite claims to the contrary, and he took notice of the intelligence report that contained proof of prohibited goods found from Ilesanmi’s residence.

Additionally, the Court denied the claim that he had been violated following Article 5 of the African Charter on Human and Peoples’ Rights by being subjected to inhumane and humiliating treatment, finding insufficient evidence to substantiate the allegation.

Based on insufficient evidence, Koroma rejected the allegations of violations of the rights to personal liberty and human dignity but ruled that the Government had infringed on Ilesanmi’s right to a prompt and fair trial.

“Ilesanmi was denied the right to a fair trial promptly. The Court decided that the Nigerian Government must provide him N2 million in compensation.”

Koroma found that the Government had infringed on Ilesanmi’s right to a prompt and fair trial. Still, he rejected the allegations of infringement on the rights to personal liberty and human dignity due to insufficient evidence.

“Ilesanmi’s right to a speedy and fair trial was not upheld. The Court decided that the Nigerian Government must compensate him with N2 million.”

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