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 asking to enforce 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.

He said this was even though the court had jurisdiction over the matter and that the application was admissible, having complied with relevant requirements in the Protocol of the Court.

Mr Edeh, from Enugu, had filed the suit against the federal government, alleging unlawful detention and torture by SARS operatives.

He had claimed that the SARS operatives subjected him to acts of physical abuse, including spraying of tear gas into his eyes, beatings, and forced confession.

The victim had argued that the incident violated his human rights, as guaranteed under the African Charter on Human and Peoples’ Rights and other international instruments to which Nigeria is a party.

(NAN)