Federal High Court awards landmark damages against Nigeria Police Force over extrajudicial murder of Mallam Kabiru Babai
The Federal High Court in Abuja has ordered the Nigeria Police Force to pay N200 million in compensation for the unlawful killing of Mallam Kabiru Babai, a truck driver and imam who was fatally shot while fixing his vehicle by the roadside.
Justice Peter Lifu, delivering judgment on Thursday, held that Babai’s constitutional right to life was “unlawfully violated” by Sergeant Moses Samuel of the Osun State Police Command. The court declared the December 3, 2021 killing unlawful and an infringement on the deceased’s fundamental rights.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” Justice Lifu ruled, awarding the sum against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.
How the Imam Died
Court documents revealed that Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo. While Babai was underneath the vehicle fixing it, police officers arrived in a minibus and engaged the driver in an argument.
During the altercation, an officer shot the co-driver, Harisu Musa, in the hand. Babai emerged from under the truck to question why the driver was shot and paid with his life.
Court records showed that an officer hit Babai with a shovel and kicked him repeatedly before Sergeant Samuel struck him with the butt of his gun and shot him in the chest. “The bullet penetrated his heart, and he died on the spot,” the court heard.
The officers fled, but bystanders apprehended one of them and took him, alongside Babai’s body, to the police command. Although police indicted Samuel for murder, he was never prosecuted and no support was offered to Babai’s family a father, imam, philanthropist and sole breadwinner.
Justice Delayed but Not Denied
The suit, filed by Okpi Adaafu on behalf of Babai’s widow Balkisu Kabiru-Babai in August 2022, named the Police Service Commission, Inspector-General of Police, Osun Commissioner of Police, Sergeant Samuel, and the Attorney-General of the Federation as respondents.
While the court refused to compel the Attorney-General to institute criminal proceedings, it ordered the 1st, 2nd and 3rd respondents (Police Service Commission, IGP, and Osun CP) to commence prosecution of Samuel.
The IGP and Osun CP had argued they could not be held liable for acts outside Samuel’s duty scope, but the court rejected this defence, insisting Samuel acted while on official duty with other officers.
The Attorney-General’s preliminary objection challenging the court’s jurisdiction was also overruled.
