A Federal High Court in Abuja has awarded N200 million in compensation against the Nigeria Police Force over the unlawful killing of Abuja-based cleric, Mallam Kabiru Babai.
The suit was instituted by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
Delivering judgment on Thursday, Justice Peter Lifu held that the applicant successfully proved the case through affidavit evidence.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge held.
Justice Lifu said the declaratory reliefs sought by the applicant were based on constitutional violations and therefore succeeded.
He added that the applicant was entitled to compensation 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,” he said.
The court, however, declined the request seeking an order compelling the Attorney-General of the Federation to institute criminal proceedings against Sgt. Moses Samuel.
Despite this, the court declared Babai’s killing unlawful and a violation of his constitutional right to life.
The court also ordered the relevant police authorities to commence the prosecution of Samuel.
Justice Lifu awarded N200 million against the respondents held liable in the suit as compensation and exemplary damages.
“The judgment is so entered,” the judge ruled.
Babai was allegedly killed on December 3, 2021, by Sgt. Moses Samuel of the Osun State Police Command.
Before his death, Babai was a truck driver, imam, philanthropist and the primary provider for his family.
Court documents showed that Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun in Osogbo, Osun State.
While he was underneath the vehicle carrying out repairs, police officers reportedly arrived in a minibus and became involved in an argument with the truck driver.
During the incident, an officer allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly emerged from beneath the truck and questioned the shooting.
According to court records, an officer struck him with a shovel and repeatedly kicked him.
The records further stated that Samuel hit Babai with the butt of his rifle before shooting him in the chest.
“The bullet penetrated his heart and he died on the spot,” the court heard.
The officers allegedly fled the scene, but one of them was apprehended by bystanders and taken, along with Babai’s body, to the police command.
Babai’s remains were later transferred from the Osun State Police Command to the morgue of the UNIOSUN Teaching Hospital in Osogbo before being taken to Bauchi State for burial.
Although police investigations reportedly indicted Samuel for murder, he was not prosecuted, and no assistance was provided to Babai’s family.
The suit, marked FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, on behalf of Babai’s widow, Balkisu Kabiru-Babai.
The respondents in the case were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police in Osun State, Sgt. Moses Samuel, and the Attorney-General of the Federation.
The applicant sought declarations that Babai’s killing was unlawful and violated his fundamental right to life, as well as an order compelling Samuel’s prosecution and N2 billion in compensation and exemplary damages.
The Attorney-General of the Federation challenged the court’s jurisdiction and his inclusion in the suit, arguing that the Federal High Court in Abuja was not the appropriate venue for the case and that the police remained the proper authority to prosecute Samuel.
Adaafu opposed the objection, arguing that the Attorney-General relied on the Federal High Court Rules instead of the Fundamental Rights Enforcement Procedure Rules.
He also cited Section 174 of the 1999 Constitution, which empowers the Attorney-General to institute and undertake criminal proceedings.
The Inspector-General of Police and the Commissioner of Police in Osun State also filed a counter-affidavit, contending that they could not be held liable for acts allegedly committed outside the scope of Samuel’s official duties.
Adaafu, however, maintained that Samuel acted in the course of his official duties alongside other police officers.
