Abuja, Nigeria — 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).

In a landmark judgment delivered on May 15, 2025, the regional court found that Abiodun’s prolonged incarceration constituted a gross violation of his fundamental human rights. The court also ordered the Nigerian government to pay him ₦20 million in compensation for the unlawful detention.

Abiodun was arrested in November 2008 and formally remanded in custody in March 2009. However, he was never charged to court or brought before a trial judge for over a decade and a half. His case was later brought before the ECOWAS Court in 2022, where his legal representatives argued that his rights to liberty, fair trial, and protection from inhumane treatment had been violated.

Delivering judgment, a three-member panel of justices—including Justice Sengu Mohamed Koroma, Justice Gbéri-bè Ouattara, and Justice Edward Amoako Asante—condemned Abiodun’s detention as a form of “anticipatory punishment”, stressing that it violated several international legal instruments including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

“The detention of the applicant for such an extended period without trial is in clear breach of his right to liberty and fair hearing,” the Court stated. “It constitutes cruel, inhuman, and degrading treatment.”

The Nigerian government had challenged the court’s jurisdiction and the validity of the remand order, but the ECOWAS judges dismissed the objections, maintaining that the continued detention was unlawful and indefensible under any legal framework.

Abiodun’s case adds to growing calls for justice and police reform in Nigeria, especially in light of the #EndSARS movement that exposed widespread abuses by the now-disbanded SARS unit.

Human rights advocates have praised the ruling as a major step toward accountability in the region.

“This is a significant judgment that reaffirms the rights of individuals who have suffered abuse at the hands of law enforcement,” said a legal expert familiar with the case. “It’s a clear message that impunity will not be tolerated.”

The ECOWAS Court’s decision is binding on Nigeria as a member state, and the federal government is now expected to comply by releasing Abiodun and paying the ordered compensation.

By Daily Observer

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