By Beatrice Oppong
The ECOWAS Court has declared Nigeria is in violation of the rights of a rape victim by failing to conduct speedy and effective trial against the perpetrator of the sexual violence. The Court has accordingly ordered that Nigeria carries out an effective prosecution of the case and submits a report to the Court within six months of the date of notification of the Judgment.
A Nigerian woman brought the case against her country over claims that she had been denied a fair hearing after alleging that she was violently raped by one Peter Okoro in August 2011 in Lagos State at the age of 17. She said after the rape, she was taken to the Lagos State General Hospital and was admitted for four days. It was her case that she reported the rape and after Police investigations, Okoro was charged with rape and unlawful assault and arraigned before the Lagos State Magistrate Court in September 2011.
The victim claimed that she finished her oral testimony by March 29, 2012. However, the trial has suffered various adjournments till date. She said the accused person’s last appearance at the Court was in January 2013 and has since not been produced in court even though he is in prison custody. The victim contended that the Prosecution had not called the other witnesses to enable the accused person to open his defence. She claimed the trial had stalled, leaving her without any remedy.
She also said the case was filed before a Court lacking jurisdiction to hear rape cases. In view of these, the victim contended that Nigeria was legally responsible for the violation of her right to dignity, fair hearing, remedy and freedom from cruel, inhuman or degrading treatment. It was her prayer that the court would declare that Nigeria had violated her rights and thereby requested compensation of twenty-five million Naira for the physical and psychological pain, emotional distress, and post-traumatic pains.
She was also seeking an order directing Nigeria to carry out an effective prosecution and punishment of the accused person. Nigeria however, contended that the Police promptly charged the accused with the offence of rape and arraigned him before a trial magistrate court where the case is still pending. It also argued that once a case is filed before court, the discretion of the court in the conduct of its proceedings is not usually disturbed by any other institution or organ of the state until the conclusion of the case and that the accused, if found guilty, would be surely convicted and sentenced.
It was the case of Nigeria that it cannot be accused of deliberately violatiing the right of the victim to fair trial on account of the non-conclusion of the pending case. The ECOWAS Court upheld the submission of Nigeria and declared that it had not violated the victim’s rights to dignity, and freedom from cruel, inhuman or degrading treatment.
The Court also held that the country’s failure to conduct a speedy and effective trial against the accused does not legally violate the victim’s rights to freedom from discrimination under Article 2 of the African Charter. The Court also dismissed the victim’s prayer for damages.