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. NigerianPolitics Coverage
Justice Peter Lifu delivered the judgment on Thursday, July 2, in a suit filed by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, in the name of Babai’s widow, Balkisu Kabiru-Babai.
The judge held that the applicant successfully proved the case through affidavit evidence and ruled that Babai’s constitutional right to life had been unlawfully violated. “The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” Justice Lifu held.
He ruled that the declaratory reliefs sought by the applicant were established, adding that Babai’s widow 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,” the judge said. The court declared the killing unlawful and a violation of Babai’s constitutional right to life.
Justice Lifu also ordered the first, second and third respondents to commence the prosecution of the police officer, Sgt. Moses Samuel. However, the court declined the request seeking to compel the Attorney-General of the Federation to institute criminal proceedings against the officer.
The court subsequently awarded N200 million against the second, third and fourth respondents as compensation and exemplary damages. According to court records, Babai, a truck driver, imam and philanthropist, was allegedly killed on December 3, 2021, in Osogbo, Osun State.
The documents stated that Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun. While he was repairing the vehicle underneath, police officers reportedly arrived and became involved in an argument with the truck driver. During the incident, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly emerged from beneath the truck to question the shooting, after which an officer allegedly struck him with a shovel and kicked him repeatedly before Sgt. Moses Samuel allegedly hit him with the butt of his rifle and shot him in the chest.
The bullet reportedly pierced his heart, killing him instantly. The court heard that the officers fled the scene, but one was apprehended by bystanders and taken to the police command along with Babai’s body.
His remains were later moved to the mortuary at the UNIOSUN Teaching Hospital in Osogbo before being transported to Bauchi State for burial. Although the police reportedly indicted Samuel for murder, the applicant argued that he was never prosecuted and that Babai’s family received no support following 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 in Osun State, Sgt. Moses Samuel and the Attorney-General of the Federation. The applicant sought declarations that the killing violated Babai’s fundamental right to life, an order compelling Samuel’s prosecution and N2 billion in compensation and exemplary damages.
During the proceedings, the Attorney-General of the Federation challenged the court’s jurisdiction and argued that the Federal High Court in Abuja was not the appropriate venue for the matter. He also maintained that the police remained the proper authority to prosecute the officer.
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 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, making the police authorities liable for his actions.