The Federal High Court in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful killing of a cleric and truck driver, Kabiru Babai, by a police officer in Osun State.
Justice Peter Lifu, who delivered the judgment on Thursday, held that Babai’s constitutional right to life was violated and declared his killing unlawful.
The suit was instituted by human rights advocate Okpi Adaafu on behalf of Babai’s widow, Balkisu Kabiru-Babai, and the Muslim Community of Gwarimpa Estate, Abuja.
In his ruling, Justice Lifu held that the applicant successfully established her claims through affidavit evidence presented before the court.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge ruled.
The court further held that the declaratory reliefs sought by the applicant were justified, having been founded on a clear violation of constitutional rights.
Justice Lifu said the widow was entitled to compensation for the loss of her husband, noting the severe impact of the killing on the deceased’s family.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” he said.
Consequently, the court awarded N200 million in compensatory damages against the respondents.
The court, however, declined the request seeking an order compelling the Attorney-General of the Federation (AGF) to personally initiate criminal proceedings against the accused officer.
Despite rejecting that relief, Justice Lifu directed the relevant police authorities to commence prosecution of the officer implicated in the killing.“The judgment is so entered,” the judge declared.
Background to the Case According to court documents, Babai was allegedly killed on December 3, 2021, by Sergeant Moses Samuel, who was serving with the Osun State Police Command at the time.
The deceased, described as a respected Imam, truck driver and sole breadwinner of his family, was travelling with colleagues when their truck reportedly developed a mechanical fault at Ota-Efun in Osogbo, Osun State.
Court records showed that while Babai was repairing the vehicle underneath the truck, police officers arrived in a minibus and became involved in an altercation with the driver.
During the confrontation, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand.Babai reportedly emerged from beneath the truck and questioned the officers over the shooting.
The court heard that he was subsequently assaulted before Sergeant Samuel allegedly struck him with the butt of his rifle and shot him in the chest, resulting in his death.
Following the incident, the officers reportedly fled the scene, but one of them was apprehended by bystanders and handed over to authorities.
Babai’s remains were later deposited at the morgue of the Osun State University Teaching Hospital, Osogbo, before being transported to Bauchi State for burial.
Family’s Quest for JusticeAlthough an internal police investigation reportedly indicted Samuel for murder, court documents indicated that no criminal prosecution was initiated and no compensation or support was provided to Babai’s family.
Seeking justice, Adaafu filed Suit No. FHC/ABJ/CS/1292/2022 before the Federal High Court, Abuja, on August 3, 2022.
The respondents in the suit included the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sergeant Samuel, and the Attorney-General of the Federation.
The applicant sought declarations that Babai’s killing was unlawful and violated his fundamental rights, an order compelling prosecution of the accused officer, and N2 billion in damages.
Legal ArgumentsThe Attorney-General of the Federation challenged the suit, arguing that the Federal High Court in Abuja lacked jurisdiction and that the AGF was wrongly joined in the matter.
The AGF further contended that the police remained the appropriate authority to prosecute the officer.
However, Adaafu opposed the objection, maintaining that the action was properly brought under the Fundamental Rights Enforcement Procedure Rules and citing Section 174 of the 1999 Constitution, which empowers the AGF to institute criminal proceedings.
The Inspector-General of Police and the Commissioner of Police, Osun State Command, also argued that they could not be held liable for actions allegedly carried out outside the scope of the officer’s official duties.
The applicant, however, insisted that Samuel acted while on active duty alongside other police officers.
With Thursday’s judgment, the court affirmed that Babai’s constitutional right to life was violated and awarded substantial compensation to his family, while directing that criminal proceedings be initiated against the officer accused of the killing.
