The Federal High Court, Abuja has awarded N200 million against the Nigeria Police Force (NPF) over the unlawful killing of Mallam Kabiru Babai.
The suit was filed by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
Delivering judgement on Thursday, Justice Peter Lifu held that the applicant proved her case on the preponderance of affidavit evidence.
“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 said the declaratory reliefs were founded on the constitutional violation and succeeded.
He added that the applicant was entitled to compensatory damages for the unlawful deprivation of her husband’s life.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” he said.
However, the court refused the relief seeking to compel the attorney-general to institute criminal proceedings against Samuel.
The court subsequently declared the killing unlawful and an infringement on Babai’s constitutional right to life.
It also ordered the 1st, 2nd and 3rd respondents to commence prosecution of Samuel.
The court awarded N200 million against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.
“The judgement is so entered,” Justice Lifu ruled.
Babai was allegedly killed on December 3, 2021, by Sgt. Moses Samuel of the Police Command in Osun State.
The deceased was a truck driver, Imam, philanthropist and family breadwinner before his death.
According to court documents, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo in Osun.
While Babai was under the truck fixing it, police officers reportedly arrived in a minibus and engaged the driver in an argument.
During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly came out from under the truck and questioned why the driver was shot.
Court records showed that an officer hit Babai with a shovel and kicked him repeatedly.
It added that Sgt. Moses Samuel struck Babai 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 reportedly fled, but bystanders apprehended one of them and took him, alongside Babai’s body, to the police command.
Babai’s remains were later moved from the Osun Police Command to the morgue at UNIOSUN Teaching Hospital, Osogbo and was later taken to Bauchi State for burial.
Although police indicted Samuel for murder, he was not prosecuted and no support was offered to Babai’s family.
Adaafu filed suit No. FHC/ABJ/CS/1292/2022 on August 3, 2022, in the name of Babai’s widow, Balkisu Kabiru- Babai.
The respondents were the Police Service Commission, Inspector-General of Police, Commissioner of Police, Osun State, Samuel, and the Attorney-General of the Federation.
The applicant sought declarations that the killing was unlawful and violated Babai’s fundamental right to life.
She also sought an order compelling the prosecution of Samuel and N2 billion as compensation and exemplary damages.
The Attorney-General filed a preliminary objection, challenging the court’s jurisdiction and his inclusion as a party.
He argued that the Federal High Court, Abuja, was not the proper place for the case.
The attorney-general also maintained that the police remained the appropriate authority to prosecute Samuel.
Adaafu opposed the objection, urging the court to dismiss it and argued that the AGF relied on the Federal High Court Rules instead of the Fundamental Rights Enforcement Procedure Rules.
He also cited Section 174 of the 1999 Constitution, which empowered the AGF to institute and undertake criminal proceedings.
The Inspector-General of Police and the Commissioner of Police, Osun Command, also filed a counter affidavit.
They argued that they could not be held liable for acts allegedly committed outside the scope of Samuel’s duty.
Adaafu disagreed, insisting that Samuel acted while on official duty with other officers.
