The Federal High Court sitting in Abuja has ordered the Nigeria Police Force to pay N200 million in compensation over the unlawful killing of Abuja-based Imam, Kabiru Babai.
Justice Peter Lifu, who delivered the verdict on Thursday, ruled in favour of the applicant, Mr. Okpi Adaafu, who instituted the suit on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
The judge held that the applicant successfully established the case through affidavit evidence and found that Babai’s constitutional right to life had been violated.
“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 further ruled that the declaratory reliefs sought by the applicant were valid because they arose from a proven breach of constitutional rights.
He also affirmed the widow’s entitlement to compensation for the unlawful killing of her husband.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” he said.
However, the court declined the request seeking an order compelling the Attorney-General of the Federation to initiate criminal proceedings against Sgt. Moses Samuel.
Despite refusing that relief, the court declared Babai’s killing unlawful and a violation of his constitutionally guaranteed right to life. It also directed the first, second and third respondents to commence the prosecution of Samuel.
The court subsequently awarded N200 million against the second, third and fourth respondents as compensatory and exemplary damages.
“The judgment is so entered,” Justice Lifu ruled.
Babai was allegedly shot dead on December 3, 2021, by Sgt. Moses Samuel, an officer attached to the Osun State Police Command.
Before his death, Babai was a truck driver, an Imam, a philanthropist and the primary provider for his family.
Court records 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 repairing the vehicle beneath it, police officers reportedly arrived in a minibus and became involved in an argument with the truck driver.
During the confrontation, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand.
The records further stated that Babai emerged from beneath the truck and questioned why the co-driver had been shot.
An officer allegedly struck him with a shovel and repeatedly kicked him before Sgt. Samuel reportedly hit him with the butt of his rifle and shot him in the chest.
“The bullet penetrated his heart and he died on the spot,” the court heard.
According to the court documents, the officers fled the scene, but one of them was apprehended by bystanders and taken, together with Babai’s body, to the police command.
Babai’s remains were later transferred from the Osun State Police Command to the morgue at UNIOSUN Teaching Hospital, Osogbo, before being conveyed to Bauchi State for burial.
Although police authorities reportedly indicted Samuel for murder, he was never prosecuted, while Babai’s family received no form of support.
The suit, marked FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, by Adaafu on behalf of Babai’s widow, Balkisu Kabiru-Babai.
The respondents in the matter were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sgt. Moses Samuel and the Attorney-General of the Federation.
The applicant asked the court to declare that Babai’s killing was unlawful and constituted a breach of his fundamental right to life.
She also sought an order directing Samuel’s prosecution and requested N2 billion as compensation and exemplary damages.
During the proceedings, the Attorney-General of the Federation challenged the court’s jurisdiction and objected to being joined as a respondent, arguing that the Federal High Court in Abuja was not the appropriate venue for the case.
The AGF also maintained that responsibility for prosecuting Samuel rested with the police.
Adaafu opposed the objection, contending that the AGF relied on the Federal High Court Rules instead of the Fundamental Rights Enforcement Procedure Rules.
He further argued that Section 174 of the 1999 Constitution empowers the Attorney-General to institute and undertake criminal proceedings.
The Inspector-General of Police and the Commissioner of Police, Osun State Command, also filed a counter-affidavit, maintaining that they could not be held responsible for acts allegedly committed outside the scope of Samuel’s official duties.
However, Adaafu argued that Samuel acted in the course of his official assignment alongside other police officers.
