The Federal High Court in Abuja has awarded ₦200 million in damages against the Nigeria Police Force over the unlawful killing of Islamic cleric and truck driver, Mallam Kabiru Babai. The Babai killing judgment also declared that his constitutional right to life was violated and directed that criminal proceedings be commenced against the police officer accused of the fatal shooting.
Delivering judgment on Thursday, Justice Peter Lifu held that the applicant successfully established the case through affidavit evidence presented before the court. According to the judge, the evidence demonstrated that Babai’s constitutional right to life was unlawfully violated by the actions of the fourth respondent. Justice Lifu ruled that the declaratory reliefs sought by the applicant were justified and that Babai’s widow was entitled to compensation for the unlawful loss of her husband.
The court stated that the severity of the violation and its devastating impact on the deceased’s widow and children were key considerations in determining the award. As part of the Babai killing judgment, the court awarded ₦200 million against the Inspector-General of Police, the Commissioner of Police in Osun State and the officer directly involved as compensation and exemplary damages.
Although the court declined the request to compel the Attorney-General of the Federation to institute criminal proceedings personally, it ordered the relevant police authorities to commence prosecution of the officer identified as Sgt. Moses Samuel. Justice Lifu declared the killing unlawful and reaffirmed that Babai’s fundamental right to life, guaranteed under the Constitution, had been infringed.
Court records showed that the incident occurred on December 3, 2021, at Ota-Efun in Osogbo, Osun State. Babai, described as a truck driver, imam, philanthropist and the primary provider for his family, was travelling when the truck he occupied developed a mechanical fault.
While he was underneath the vehicle carrying out repairs, police officers reportedly arrived at the scene and became involved in an argument with the truck driver. According to the court documents, one officer allegedly shot the co-driver, Harisu Musa, in the hand during the confrontation.
Babai reportedly emerged from beneath the truck and questioned the shooting. The court heard that he was subsequently assaulted before Sgt. Moses Samuel allegedly struck him with the butt of a rifle and shot him in the chest. The bullet reportedly penetrated his heart, resulting in his death at the scene.
Witnesses later apprehended one of the officers after others fled, while Babai’s body was taken to the Osun State Police Command before being moved to the UNIOSUN Teaching Hospital mortuary in Osogbo and later buried in Bauchi State.
The suit was filed on August 3, 2022, by Mr. Okpi Adaafu on behalf of Babai’s widow, Balkisu Kabiru-Babai, representing the Muslim Community of Gwarimpa Estate, Abuja. The respondents included 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 was unlawful, requested an order directing criminal prosecution of the officer involved and claimed ₦2 billion in compensation and exemplary damages. During the proceedings, the Attorney-General challenged the jurisdiction of the Abuja division of the Federal High Court and argued that the police remained the proper authority to prosecute the accused 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 committed outside the officer’s official duties. However, the court found sufficient grounds to hold that Babai’s constitutional rights had been violated, resulting in the Babai killing judgment and the award of damages in favour of his family.
