The Federal High Court in Abuja has ordered the Nigeria Police Force to pay ₦200 million in compensation over the unlawful killing of Mallam Kabiru Babai, ruling that his constitutional right to life was violated.
The legal action was instituted by Mr. Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, seeking justice for Babai’s widow and family.
In his judgment delivered on Thursday, Justice Peter Lifu held that the applicant successfully established the case through the affidavit evidence presented before the court.
According to the judge, “The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent.”
Justice Lifu ruled that the declarations sought by the applicant were valid because they arose from a clear violation of constitutional rights.
He further held that the widow deserved financial compensation for the unlawful loss of her husband.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” the judge stated.
However, the court declined the request seeking an order compelling the Attorney-General of the Federation to personally initiate criminal proceedings against Sgt. Moses Samuel.
Despite refusing that relief, the court declared Babai’s killing unlawful and affirmed that it amounted to an infringement of his constitutional right to life.
Justice Lifu subsequently directed the first, second and third respondents to commence criminal prosecution against Samuel.
The court also awarded ₦200 million against the second, third and fourth respondents as compensatory and exemplary damages.
Concluding the proceedings, Justice Lifu declared, “The judgment is so entered.”
The News Agency of Nigeria (NAN) reports that Babai was allegedly killed on December 3, 2021, by Sgt. Moses Samuel, an officer attached to the Osun State Police Command.
Before his death, Babai was known as a truck driver, Islamic cleric, philanthropist and the primary provider for his family.
Court documents revealed that Babai and several others were travelling when their truck developed a mechanical problem 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 a disagreement with the truck driver.
During the confrontation, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand.
According to court records, Babai emerged from beneath the truck and questioned the reason for the shooting.
The documents stated that an officer struck him with a shovel and repeatedly kicked him.
The court further heard that Sgt. Moses Samuel allegedly 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 was told.
The officers were said to have fled the scene, but members of the public apprehended one of them and took both the officer and Babai’s body to the police command.
Babai’s remains were later transferred from the Osun State Police Command to the mortuary at the UNIOSUN Teaching Hospital in Osogbo before being transported to Bauchi State for burial.
Although an internal police investigation reportedly indicted Samuel for murder, no criminal prosecution followed, and Babai’s family did not receive any form of assistance.
Adaafu instituted Suit No. FHC/ABJ/CS/1292/2022 on August 3, 2022, on behalf of Babai’s widow, Balkisu Kabiru-Babai.
The respondents named in the suit were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police for Osun State, Sgt. Moses Samuel and the Attorney-General of the Federation.
The applicant asked the court to declare that Babai’s killing was unlawful and amounted to a breach of his fundamental right to life.
She also sought an order directing the prosecution of Samuel, alongside ₦2 billion in compensation and exemplary damages.
The Attorney-General of the Federation challenged the suit through a preliminary objection, arguing that the Abuja Division of the Federal High Court lacked jurisdiction to hear the matter and that he had been improperly joined as a respondent.
He further maintained that responsibility for prosecuting Samuel rested with the police authorities.
In response, Adaafu urged the court to dismiss the objection, arguing that the Attorney-General had relied on the Federal High Court Rules instead of the Fundamental Rights Enforcement Procedure Rules.
He also referred to 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 also filed a counter-affidavit, contending that they could not be held liable for actions allegedly carried out outside the scope of Samuel’s official responsibilities.
Adaafu rejected that position, insisting that Samuel acted in the course of official duty alongside other police officers at the time of the incident.
