A Federal High Court in Abuja has awarded N200 million
in damages against the Nigeria Police Force over the unlawful killing of an
Abuja-based Islamic cleric, Mallam Kabiru Babai.
Delivering judgment on Thursday, Justice Peter Lifu
ruled in favour of Babai’s widow, Balkisu Kabiru-Babai, in a suit filed on
behalf of the Muslim Community of Gwarimpa Estate by Mr. Okpi Adaafu. The court
held that the deceased’s constitutional right to life was violated by the
actions of a police officer.
Justice Lifu declared Babai’s killing unlawful and
said the widow was entitled to compensation, noting that the impact of the
incident on her and the couple’s children could not be ignored.
“The fundamental right to life of the applicant’s
husband was unlawfully violated,” the judge held, adding that the severity of
the violation justified substantial compensation.
The court also directed the relevant police
authorities to commence the prosecution of Sgt. Moses Samuel, the officer
accused of carrying out the fatal shooting. However, it declined a request to
compel the Attorney-General of the Federation to institute criminal proceedings
against the officer.
As part of the judgment, the court awarded N200
million in compensatory and exemplary damages against the Police Service
Commission, the Inspector-General of Police and the Commissioner of Police,
Osun State Command.
Court documents revealed that Babai, a truck driver,
imam and philanthropist, was killed on December 3, 2021, in Osogbo, Osun State.
According to the records, Babai was travelling with
others when their truck developed a mechanical fault at Ota-Efun. While he was
underneath the vehicle carrying out repairs, police officers reportedly arrived
and became involved in an altercation with the truck driver. During the
confrontation, one of the officers allegedly shot the truck’s co-driver, Harisu
Musa, in the hand.
Babai reportedly emerged to question the shooting,
after which an officer allegedly assaulted him with a shovel and repeatedly
kicked him. Sgt. Moses Samuel was then accused of striking Babai with the butt
of his rifle before allegedly shooting him in the chest.
The bullet reportedly pierced his heart, killing him
instantly. The officers allegedly fled the scene, but one was apprehended by
bystanders and taken to the police command along with Babai’s body.
His remains were later deposited at the UNIOSUN
Teaching Hospital mortuary in Osogbo before being transported to Bauchi State
for burial.
Although police authorities reportedly indicted Sgt.
Samuel for murder, the applicant argued that he was never prosecuted and that
Babai’s family received no support after his death.
The suit, marked FHC/ABJ/CS/1292/2022, was filed on
August 3, 2022, against the Police Service Commission, the Inspector-General of
Police, the Commissioner of Police, Osun State Command, Sgt. Moses Samuel and
the Attorney-General of the Federation.
During the proceedings, the Attorney-General
challenged the court’s jurisdiction, arguing that the Federal High Court in
Abuja was not the appropriate venue for the case and maintained that the police
were the proper authority to prosecute the officer.
The Inspector-General of Police and the Osun State
Commissioner of Police also argued that they could not be held liable for
actions allegedly carried out outside the scope of the officer’s official
duties.
However, the applicant maintained that Sgt. Samuel acted in the course of his official duties alongside other police officers, making the police authorities vicariously liable for his actions. The court ultimately ruled in favour of the applicant, affirming that Babai’s right to life had been unlawfully violated and awarding damages to his family.
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