The Federal High Court in Abuja has awarded ₦200 million in damages against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai, a truck driver, Islamic cleric and philanthropist, who was shot dead by a police sergeant in Osun State.
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Justice Peter Lifu, in a judgment delivered on Thursday, held that the killing of Babai by Sergeant Moses Samuel violated his fundamental right to life as guaranteed under Section 33(1) of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples’ Rights.
The court also ordered the Inspector-General of Police and the Commissioner of Police, Osun State Command, to immediately commence the prosecution of Sergeant Samuel over the killing.
The suit, marked FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, by the deceased’s widow, Balkisu Kabiru Babai, through her counsel, Barrister Okpi Bernard Adaafu.
The respondents in the suit were 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.
The applicant had asked the court for a declaration that the killing of her husband was unlawful, an order compelling the prosecution of the police officer involved, and ₦2 billion as compensation for the violation of his right to life and the trauma suffered by his family.
According to the originating application, Babai was killed on December 3, 2021, at Ota-Efun, Osogbo, Osun State.
The applicant stated that Babai, who was the breadwinner of his family, was travelling in a truck that developed a mechanical fault along the road.
While he was underneath the truck attempting to repair it, some police officers allegedly arrived at the scene and began arguing with the driver.
According to eyewitness accounts relied upon by the applicant, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand during the altercation.
The applicant further alleged that Babai came out from under the truck to ask why the co-driver had been shot.
She alleged that an unidentified officer struck him with a shovel and kicked him repeatedly before Sergeant Samuel allegedly hit him with the butt of his rifle and shot him on the left side of his chest.
The bullet was said to have penetrated his heart, killing him instantly.
Babai’s body was later taken to the Osun State Police Command before being deposited at the UNIOSUN Teaching Hospital mortuary in Osogbo. It was subsequently released to his family for burial in Bauchi State.
The applicant said although an internal police investigation allegedly indicted Sergeant Samuel over the killing, he was never prosecuted and no support was provided to Babai’s family.
During the proceedings, the Attorney-General of the Federation challenged the jurisdiction of the Federal High Court in Abuja, arguing that the matter ought to have been filed elsewhere and that the AGF was not a necessary party to the suit.
The AGF also argued that the responsibility for prosecuting the police officer rested with the police authorities.
Similarly, the Inspector-General of Police and the Commissioner of Police, Osun State, argued that they could not be held liable for actions allegedly committed by Sergeant Samuel outside the scope of his official duties.
However, counsel to the applicant urged the court to reject the objections, maintaining that the officer was on official duty when the incident occurred and that his superiors were vicariously liable for his actions.
In his judgment, Justice Lifu held that the applicant had successfully established, through affidavit evidence, that Babai’s constitutional right to life was unlawfully violated.
“In the final analysis, I find that the Applicant has successfully established on the preponderance of affidavit evidence that the fundamental right of the Applicant’s husband guaranteed under Section 33(1) of the Constitution of the Federal Republic of Nigeria 1999, as amended, and Article 4 of the Banjul Charter, that is African Charter on Human and Peoples’ Rights, was unlawfully violated by the conduct of the 4th Respondent,” the judge held.
The court held that the declaratory reliefs founded on the constitutional violation succeeded.
Justice Lifu further held that Babai’s widow was entitled to compensation because of the gravity of the violation and its devastating impact on her and her children.
“The Applicant is also entitled to compensatory damages for unlawful deprivation of the life of her husband, taking into account the gravity of the violation and its devastating consequences on this widow and the children,” the judge stated.
Although the court declined to compel the Attorney-General of the Federation to institute criminal proceedings against the police officer, it ordered the police authorities to commence prosecution.
Justice Lifu consequently declared that Babai’s killing was unlawful and unconstitutional.
He ordered the Inspector-General of Police and the Commissioner of Police, Osun State, to immediately commence the prosecution of Sergeant Samuel.
The court also awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police, Osun State, and Sergeant Samuel.
“A sum of ₦200,000,000.00 only is hereby awarded against the 2nd, 3rd and 4th Respondents being fair and reasonable compensation, exemplary damages for the unjustifiable and unreasonable killing of Mallam Kabiru Babai, the Applicant’s husband, and loss of affection, companionship, psychological trauma suffered by the Applicant and her children,” Justice Lifu ruled.
The judgment marks a major development in the long-running quest for justice by Babai’s widow and family following his killing in Osun State in 2021.
The court’s order now places responsibility on the Inspector-General of Police and the Osun State Commissioner of Police to ensure that the indicted officer is prosecuted over the incident.
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