By Olukayode Idowu
The ECOWAS Court of Justice has delivered a judgment in the case of Chukwuemeka Edeh v. Federal Republic of Nigeria, dismissing the Applicant’s request for a default judgment.
The Applicant, Chukwuemeka Edeh, a Nigerian citizen from Enugu State, filed his application against the Federal Republic of Nigeria, alleging unlawful detention and torture by the Special Anti-Robbery Squad (SARS).
The Applicant claimed that SARS operatives subjected him to acts of physical abuse, including spraying of tear gas into his eyes, beatings, and forced confession, in violation of his human rights as guaranteed under the African Charter on Human and Peoples’ Rights and other international instruments to which Nigeria is a party. Mr. Edeh sought compensation of N5 million for his suffering.
Following the failure of the Federal Republic of Nigeria to submit a defense, Mr. Edeh applied for a default judgment. In the Judgment delivered by Justice Edward Amoako Asante, the Judge Rapporteur, the Court held that it had jurisdiction over the matter and that application was admissible, having complied relevant requirements in the Protocol of the Court. However, after examining the Applicant’s submissions and evidence, the Court found that the Applicant’s claims were not substantiated by sufficient evidence to warrant a default judgment. Therefore, it dismissed the application for a default judgment. The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves(presiding judge), Honorable Justice Dupe Atoki (panel member), and Honorable Justice Edward Amoako Asante (judge rapporteur).
