The Federal High Court in Abuja has awarded N200 million in compensatory and exemplary damages against the Nigeria Police Force over the unlawful killing of Abuja-based cleric, Mallam Kabiru Babai.
Justice Peter Lifu, who delivered the judgment, held that Babai’s constitutional right to life was violated and ruled that the applicant successfully established the case through affidavit evidence.
“The fundamental right to life of the applicant’s husband was unlawfully violated,” the court held, adding that the widow and children deserved compensation in view of the gravity of the violation and its devastating consequences.
The suit was filed by Mr. Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate in the name of Babai’s widow, Balkisu Kabiru-Babai, against the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State, Sgt. Moses Samuel, and the Attorney-General of the Federation.
The court declared Babai’s killing unlawful, awarded N200 million against the police authorities and Sgt. Samuel, and directed the relevant respondents to commence the prosecution of the officer.
However, Justice Lifu declined the request to compel the Attorney-General of the Federation to institute criminal proceedings, holding that the police remained the appropriate prosecuting authority.
Babai, a truck driver, Imam, philanthropist and family breadwinner, was allegedly shot dead on December 3, 2021, in Osogbo, Osun State.
According to court records, Babai was repairing his broken-down truck when police officers arrived and confronted the driver. During the altercation, one officer allegedly shot the co-driver before Sgt. Moses Samuel assaulted Babai with a shovel and the butt of his rifle, then allegedly shot him in the chest, killing him instantly.
Although an internal police investigation reportedly indicted Sgt. Samuel for murder, he was never prosecuted, while Babai’s family received no assistance.
The widow had sought N2 billion in compensation, alongside orders declaring the killing unconstitutional and compelling the prosecution of the officer. While the court granted the declarations and awarded damages, it limited the compensation to N200 million and declined to compel the Attorney-General to prosecute the case.
