Abuja: The Federal High Court in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai, an Abuja-based cleric.
Justice Peter Lifu delivered the judgment on Thursday in a fundamental rights enforcement suit filed on behalf of Babai’s widow, Balkisu Kabiru-Babai, by Mr Okpi Adaafu, representing the Muslim Community of Gwarimpa Estate, Abuja.
The judge held that the applicant successfully established her case through affidavit evidence.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” Justice Lifu ruled.
He held that the declaratory reliefs sought by the applicant succeeded, having been founded on the constitutional violation of Babai’s right to life.
The court further held that the widow was entitled to compensatory damages for the unlawful deprivation of her husband’s life.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” the judge said.
However, the court declined the request to compel the Attorney-General of the Federation (AGF) to institute criminal proceedings against Sgt. Moses Samuel.
Instead, Justice Lifu ordered the relevant police authorities to commence the prosecution of Samuel.
The court consequently declared Babai’s killing unlawful and a violation of his constitutional right to life.
It also awarded N200 million against the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, the Osun State Command, and Sgt. Samuel as compensation and exemplary damages.
“The judgment is so entered,” the judge ruled.
The News Agency of Nigeria (NAN) reports that Babai, a truck driver, Imam, philanthropist and family breadwinner, was allegedly killed on Dec. 3, 2021, by Sgt. Moses Samuel of the Osun State Police Command.
According to court records, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo, in Osun State.
While Babai was repairing the vehicle underneath the truck, police officers reportedly arrived in a minibus and engaged the driver in an argument.
During the altercation, one officer allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly emerged from beneath the truck and questioned why the co-driver had been shot.
Court documents stated that an officer struck Babai with a shovel and repeatedly kicked him before Sgt. Samuel allegedly hit him with the butt of his rifle and shot him in the chest.
“The bullet penetrated his heart, and he died on the spot,” the court heard.
The officers reportedly fled the scene, but bystanders apprehended one of them and took him, along with Babai’s body, to the police command.
Babai’s remains were later moved from the Osun State Police Command to the morgue at the UNIOSUN Teaching Hospital, Osogbo, before being taken to Bauchi State for burial.
Although an internal police investigation reportedly indicted Samuel for murder, he was neither prosecuted nor was any assistance provided to Babai’s family.
The suit, marked FHC/ABJ/CS/1292/2022, was filed on Aug. 3, 2022.
The respondents were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, and Sgt. Moses Samuel and the Attorney-General of the Federation.
The applicant sought declarations that Babai’s killing was unlawful, an order compelling Samuel’s prosecution and N2 billion in compensation and exemplary damages.
The Attorney-General challenged the suit, arguing that the Federal High Court in Abuja lacked jurisdiction and that the police remained the proper authority to prosecute the officer.
The police also contended that they could not be held liable for acts allegedly committed outside the scope of Samuel’s official duties.
The applicant, however, maintained that Samuel acted in the course of his official duties alongside other police officers.
