The ECOWAS Community Court of Justice has ordered the immediate and unconditional release of Moses Abiodun, a Nigerian businessman who spent 16 years in detention without trial following his arrest by operatives of the now-defunct Special Anti-Robbery Squad (SARS).

His release follows a legal action filed by Avocats Sans Frontières France (Lawyers Without Borders France), under its European Union-funded “Strengthening National Actors’ Capacity for Ending Severe Human Rights Violations (SAFE)” project.

According to documents released by the ASF, Abiodun was arrested in November 2008 during a SARS operation targeting a friend accused of armed robbery.

Although the friend was later arrested and reportedly died in SARS custody, Abiodun was never released.

On March 23, 2009, he was provisionally remanded in custody at the Nigerian Correctional Service Centre, Kirikiri, Lagos, on charges of conspiracy and armed robbery. For 16 years, he was never formally charged, tried, or convicted of any offence, effectively languishing in prison.

Delivering judgment on the matter in suit No. ECW/CCJ/APP/56/22, the ECOWAS Court declared that Nigeria violated Abiodun’s rights to liberty, freedom of movement, fair trial within a reasonable time, and protection from inhuman treatment.

The Nigerian government had denied SARS’ involvement and claimed no record of Abiodun’s detention existed.

However, ASF France presented a certified remand warrant and other court-admissible documents.

The court described the government’s denial of SARS’ existence as “insincere and without merit,” stating the police unit’s role in the arrest and Nigeria’s obligation under regional and international human rights treaties.

The court directed the Federal Government to unconditionally release Abiodun from the Nigerian Correctional Service Centre, Kirikiri, Lagos, where he had been detained for 16 years.

The court also awarded damages for Abiodun’s prolonged illegal detention. ASF France had sought N20 million as compensation.

ASF France Country Director, Angela Uwandu Uzoma-Iwuchukwu, welcomed the ruling as a powerful affirmation of the rule of law and called on Nigerian authorities to ensure accountability and reform in the justice system.

“Abiodun’s release after 16 years of egregious injustice serves as a crucial reminder that no individual should be forgotten or denied their fundamental rights, and states must be held accountable for their actions.

“This marks a significant step towards ensuring justice for victims of human rights violations in the ECOWAS region and reaffirms the vital role of the Community Court of Justice in upholding human rights,” she said. (The Guardian)