The ECOWAS Court has dismissed an application filed by a Nigerian, Chukwuemeka Edeh, seeking five million naira in damages for alleged unlawful detention and torture by the defunct Police Special Anti-Robbery Squad, SARS.
The petitioner had approached the court with an application praying for the enforcement of his rights and a default judgment against Nigeria following the government’s failure to defend the case.
Delivering judgment, however, the three-member panel of the court, presided over by Justice Ricardo Gonçalves, read by Justice Edward Asante with Justice Dupe Atoki as a member, dismissed the applicant’s claim of default judgment.
Justice Asante held that after examining the applicant’s submissions and evidence, the court found that his claims were not substantiated by sufficient evidence to warrant a default judgment.
According to him, this was notwithstanding the fact that the court had jurisdiction over the matter and that the application was admissible, having complied with relevant requirements in the Protocol of the Court.
Recall that Edeh, from Enugu State, had filed the suit against the Federal Republic of Nigeria, alleging unlawful detention and torture by SARS operatives, stating that the SARS personnel subjected him to acts of physical abuse, including spraying tear gas into his eyes, beatings, and forced confession.
The victim had argued that his human rights as guaranteed under the African Charter on Human and Peoples’ Rights, and other international instruments, to which Nigeria is a party, were violated by the incident.
Police Torture: ECOWAS Court dismisses suit by Nigerian seeking N5m damages