The Federal High Court in Abuja has awarded ₦200 million in damages against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai, a truck driver, Islamic cleric and philanthropist who was allegedly shot dead by a police sergeant in Osun State in December 2021.
Delivering judgment on Thursday, Justice Peter Lifu held that the killing of Babai by Sergeant Moses Samuel constituted a violation of his fundamental right to life as guaranteed under Section 33(1) of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples’ Rights.
The court also ordered the Inspector-General of Police and the Commissioner of Police in Osun State to immediately commence the prosecution of the officer responsible for the killing.
The suit, marked FHC/ABJ/CS/1292/2022, was instituted on August 3, 2022, by the deceased’s widow, Balkisu Kabiru Babai, through her counsel, Barrister Okpi Bernard Adaafu. The respondents were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sergeant Moses Samuel and the Attorney-General of the Federation.
The applicant had sought, among other reliefs, a declaration that the killing of her husband was unlawful, an order compelling the prosecution of the police officer involved, and ₦2 billion as compensation for the violation of his right to life and the trauma suffered by his family.
According to the originating application, Babai was killed on December 3, 2021, at Ota-Efun, Osogbo, Osun State.
The applicant stated that Babai, who was the breadwinner of his family, was travelling in a truck that developed a mechanical fault along the road.
While he was underneath the truck attempting to repair it, police officers allegedly arrived at the scene and began arguing with the driver.
According to eyewitness accounts relied upon by the applicant, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand during the altercation.
The applicant further alleged that Babai emerged from beneath the truck to ask why the co-driver had been shot.
It was alleged that an unidentified officer struck him with a shovel and kicked him repeatedly before Sergeant Moses Samuel allegedly hit him with the butt of his rifle and shot him in the left side of the chest.
The bullet reportedly penetrated his heart, killing him instantly.
The body was later taken to the Osun State Police Command before being deposited at the UNIOSUN Teaching Hospital mortuary in Osogbo and subsequently released to his family for burial in Bauchi State.
According to the applicant, although an internal police investigation indicted Sergeant Samuel for the killing, he was never prosecuted, and no support was provided to Babai’s family.
During the proceedings, the Attorney-General of the Federation challenged the jurisdiction of the Federal High Court in Abuja, arguing that the matter ought to have been filed elsewhere and that the Attorney-General was not a necessary party to the suit.
The Attorney-General also argued that the responsibility for prosecuting the police officer rested with the police authorities.
Similarly, the Inspector-General of Police and the Commissioner of Police, Osun State, argued that they could not be held liable for actions allegedly committed by Sergeant Samuel outside the scope of his official duties.
However, counsel to the applicant urged the court to reject those arguments, maintaining that the officer was on official duty when the incident occurred and that his superiors were vicariously liable for his actions.
In his judgment, Justice Lifu ruled that the applicant had successfully established, through affidavit evidence, that Babai’s constitutional right to life had been unlawfully violated.
The judge said, “In the final analysis I find that the Applicant have successfully established on the preponderance of affidavit evidence, that the fundamental right of the Applicant’s husband guaranteed under section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 4 of the Banjul Charter, that is African Charter of Human and People’s Rights was unlawfully violated by the conduct of the 4th Respondent, according the Declaratory reliefs founded upon that constitutional violation succeeds.”
The court further held that Babai’s widow was entitled to compensation because of the gravity of the violation and its devastating consequences on her and her children.
Justice Lifu stated, “The Applicant is also entitled to compensatory damages for unlawful deprivation of the life of her husband; taken into account the gravity of the violation, and its devastating consequences on this widow and the children.”
Although the court declined to compel the Attorney-General of the Federation to institute criminal proceedings against the police officer, it ordered the police authorities themselves to prosecute Sergeant Samuel.
Justice Lifu consequently declared that Babai’s killing was unlawful and unconstitutional, ordered the Inspector-General of Police and the Commissioner of Police, Osun State, to immediately commence the prosecution of Sergeant Samuel, and awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police, Osun State, and Sergeant Samuel.
The judge ruled: “A sum of N200,000,000.00 (Two Hundred Million Naira) only is hereby awarded against the 2nd, 3rd and 4th Respondents being fair and reasonable compensation, exemplary damages for the unjustifiable and unreasonable killing of Mallam Kabiru Babai, the Applicant’s husband and loss of affection, companionship, psychological trauma suffered by the Applicant and her children.”
(SaharaReporters)
