The Federal High Court in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai.
The suit was instituted by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
In a judgment delivered on Thursday, Justice Peter Lifu ruled that the applicant successfully established the case based on the preponderance of 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 stated that the declaratory reliefs sought were rooted in constitutional violations and therefore succeeded.
He added that the applicant was entitled to compensatory damages 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 directing the Attorney-General of the Federation to commence criminal proceedings against Samuel.
It instead declared Babai’s killing unlawful and a violation of his constitutional right to life. The court also ordered the 1st, 2nd and 3rd respondents to initiate the prosecution of Samuel and awarded N200 million against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.
“The judgment is so entered,” Justice Lifu ruled.
According to media reports, Babai was allegedly killed on Dec. 3, 2021, by Sgt Moses Samuel of the Police Command in Osun.
The deceased worked as a truck driver and was also an imam, philanthropist and the main provider for his family before his death.
Court documents showed that Babai and other occupants of a truck were travelling when the vehicle developed a mechanical fault at Ota-Efun in Osogbo, Osun State. While he was underneath the truck carrying out repairs, police officers reportedly arrived in a minibus and became involved in an argument with the driver.
During the confrontation, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand. Babai reportedly emerged from beneath the truck and questioned why the driver had been shot.
Court records indicated that one officer struck Babai with a shovel and repeatedly kicked him. They further revealed that Sgt Moses 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 reportedly fled the scene, but eyewitnesses apprehended one of them and took him together with Babai’s body to the police command.
Babai’s remains were later transferred from the Osun Police Command to the mortuary at UNIOSUN Teaching Hospital, Osogbo, before being conveyed to Bauchi State for burial.
Although police investigations reportedly indicted Samuel for murder, he was never prosecuted, and Babai’s family received no support.
Adaafu filed Suit No. FHC/ABJ/CS/1292/2022 on Aug. 3, 2022, on behalf of Babai’s widow, Balkisu Kabiru-Babai.
The respondents in the suit were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Samuel, and the Attorney-General of the Federation.
The applicant sought declarations that Babai’s killing was unlawful and amounted to a violation of his fundamental right to life. She also sought an order compelling Samuel’s prosecution and claimed N2 billion as compensation and exemplary damages.
The Attorney-General filed a preliminary objection challenging both the court’s jurisdiction and his inclusion in the suit. He argued that the Federal High Court in Abuja was not the appropriate venue to hear the matter and maintained that the police remained the proper authority to prosecute Samuel.
Adaafu opposed the objection, urging the court to dismiss it. He argued that the AGF relied on the Federal High Court Rules instead of the Fundamental Rights Enforcement Procedure Rules and also cited Section 174 of the 1999 Constitution, which empowered the AGF to institute and undertake criminal proceedings.
The Inspector-General of Police and the Commissioner of Police, Osun State Command, also filed a counter-affidavit, contending that they could not be held responsible for actions 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.
