The Federal High Court in Abuja has awarded ₦200 million in compensatory and exemplary damages against the Nigeria Police Force over the unlawful killing of Abuja-based cleric, Mallam Kabiru Babai.
Delivering judgment on Thursday, Justice Peter Lifu held that the applicant successfully proved that Babai’s constitutional right to life was violated through the actions of a police officer.
The suit was instituted by Mr. Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, in the name of Babai’s widow, Balkisu Kabiru-Babai.
Justice Lifu declared that the killing of the cleric constituted a violation of his fundamental right to life as guaranteed under the Constitution.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge held.
He further ruled that the widow was entitled to compensation, noting that the devastating impact of the incident on the deceased’s family justified the award of damages.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” Justice Lifu stated.
The court awarded ₦200 million against the Police Service Commission, the Inspector-General of Police and the Commissioner of Police, Osun State, as compensation and exemplary damages.
Justice Lifu also directed the relevant police authorities to commence the prosecution of Sergeant Moses Samuel, the officer accused of killing Babai.
However, the court declined the request to compel the Attorney-General of the Federation to initiate criminal proceedings, holding that such a directive was unnecessary.
The case arose from an incident on December 3, 2021, at Ota-Efun in Osogbo, Osun State.
According to court documents, Babai, a truck driver, imam and philanthropist, was repairing his broken-down truck when police officers arrived and became involved in an altercation with the driver.
During the confrontation, one officer allegedly shot the truck’s co-driver, Harisu Musa, in the hand.
The court heard that Babai emerged from beneath the truck and questioned why the co-driver had been shot.
He was allegedly assaulted by police officers before Sergeant Moses Samuel struck him with the butt of his rifle and shot him in the chest.
The bullet reportedly pierced his heart, killing him instantly.
Court records indicated that the officers fled the scene, but one of them was apprehended by members of the public and taken, along with Babai’s body, to the police command.
Babai’s remains were later deposited at the mortuary of the UNIOSUN Teaching Hospital, Osogbo, before being transported to Bauchi State for burial.
Although an internal police investigation reportedly indicted Sergeant Samuel for murder, the court noted that no prosecution followed and the deceased’s family received no support.
The respondents in the suit included the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sergeant Moses Samuel and the Attorney-General of the Federation.
While the Attorney-General challenged the court’s jurisdiction and his inclusion in the suit, the objection was unsuccessful, allowing the fundamental rights action to proceed to judgment.