The Economic Community of West African States (ECOWAS) Court has ordered the Federal Government of Nigeria to immediately release businessman Moses Abiodun, who has been detained for 16 years without trial, and pay him N20 million in compensation.

According to court documents, Abiodun was arrested by operatives of the Special Anti-Robbery Squad (SARS) in November 2008. He was initially detained for five months without charge before being remanded by a Lagos State Magistrates Court on March 23, 2009.

In his submission to the ECOWAS Court in the suit marked ECW/CCJ/APP/56/22, Abiodun alleged that throughout his 16-year detention, he was never formally charged, tried, or convicted of any offense. He argued that his prolonged detention violated his rights under the African Charter on Human and Peoples' Rights and other international instruments to which Nigeria is a signatory.

The Nigerian Government denied these allegations in its defense, questioning the authenticity of the remand warrant presented by Abiodun and challenging the admissibility of the case.

In its judgment delivered on Thursday, the three-member panel of the ECOWAS Court, presided over by Vice President Justice Sengu Koroma, declared that Abiodun's prolonged detention constituted multiple violations of his fundamental human rights.

The Court ruled that the detention breached Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which guarantee the right to liberty. It also found that the detention infringed on Abiodun's right to freedom of movement under Article 12 of both instruments.

Furthermore, the Court declared that detaining a person for 16 years without formal charges or a fair and timely trial was an "egregious violation" of Article 7(1)(d) of the African Charter. The judgment, read by Justice Edward Asante, also stated that Abiodun's continued detention amounted to anticipatory punishment and constituted inhuman and degrading treatment, breaching Article 5 of the African Charter and Article 7 of the ICCPR.

The Court consequently ordered the immediate release of Abiodun and awarded him N20 million in compensation for the violations he suffered during his 16-year detention.

This case highlights ongoing concerns about prolonged pre-trial detention in Nigeria's criminal justice system and reinforces the role of regional courts in protecting human rights across West Africa.