The Federal High Court in Abuja has awarded N200 million in compensation and exemplary damages against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai, ruling that his constitutional right to life was violated. Justice Peter Lifu delivered the judgment in a suit filed by Mr. Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, in the name of Babai’s widow, Balkisu Kabiru-Babai.
In the Abuja cleric killing judgment, Justice Lifu held that the applicant successfully established the case through affidavit evidence presented before the court.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge ruled.
He stated that the declaratory reliefs sought by the applicant were founded on constitutional violations and therefore succeeded. According to the court, the widow was entitled to compensation for the unlawful deprivation of her husband’s life, noting that the impact of the killing on the deceased’s family could not be ignored.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” Justice Lifu said.
The court awarded N200 million against the second, third and fourth respondents as compensation and exemplary damages. Justice Lifu also declared the killing unlawful and ordered the first, second and third respondents to commence the prosecution of Sgt. Moses Samuel. However, the court declined the request seeking to compel the Attorney-General of the Federation to institute criminal proceedings against the officer.
“The judgment is so entered,” the judge ruled.
According to court records, Mallam Kabiru Babai, a truck driver, imam, philanthropist and family breadwinner, was allegedly killed on December 3, 2021, by Sgt. Moses Samuel of the Osun State Police Command. The deceased was reportedly repairing a broken-down truck at Ota-Efun, Osogbo, when police officers arrived and became involved in an argument with the driver. Court documents stated that one officer allegedly shot the co-driver, Harisu Musa, in the hand during the confrontation.
When Babai emerged from beneath the truck to question the shooting, he was allegedly assaulted before Sgt. Samuel struck him with the butt of his rifle and shot him in the chest. Court records stated that the bullet penetrated his heart, killing him instantly. The officers reportedly fled the scene, although one was apprehended by bystanders and taken, together with Babai’s body, to the police command.
The Abuja cleric killing judgment followed a suit filed on August 3, 2022, under case number FHC/ABJ/CS/1292/2022.
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. Although police authorities reportedly indicted Samuel for murder, court documents stated that he was not prosecuted and no assistance was provided to Babai’s family.
In the Abuja cleric killing judgment, the Federal High Court affirmed that the unlawful killing violated the deceased’s constitutional rights and awarded damages while directing the relevant police authorities to commence prosecution of the officer involved.
