Court Awards N200m Damages Against Police Over Killing of Abuja Cleric

The Federal High Court 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 delivered the judgment on Thursday in a suit filed by Mr. Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.

The court held that the applicant successfully established, through affidavit evidence, that Babai’s constitutional right to life had been violated.

“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the fourth respondent,” Justice Lifu ruled.

The judge said the declaratory reliefs sought by the applicant were founded on constitutional violations and therefore succeeded, adding that Babai’s widow was entitled to compensation for the unlawful deprivation of her husband’s life.

He noted that the gravity of the violation and its devastating impact on the deceased’s widow and children justified the award of damages.

The court consequently declared the killing unlawful and a violation of Babai’s constitutional right to life, while awarding N200 million against the Police Service Commission, the Inspector-General of Police and the Commissioner of Police, Osun State, as compensation and exemplary damages.

Justice Lifu, however, declined the request to compel the Attorney-General of the Federation to institute criminal proceedings against the police officer involved. Instead, he directed the relevant police authorities to commence the prosecution of Sgt. Moses Samuel.

According to court records, Babai was allegedly killed on December 3, 2021, at Ota-Efun, Osogbo, Osun State.

The deceased, a truck driver, imam, philanthropist and family breadwinner, was reportedly travelling with others when their truck developed a mechanical fault.

While Babai was repairing the vehicle beneath the truck, police officers allegedly arrived and became involved in an altercation with the driver.

During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand. Babai reportedly emerged from beneath the truck to question the shooting.

Court documents stated that one officer struck him with a shovel and kicked him repeatedly before Sgt. Moses Samuel allegedly hit him with the butt of his rifle and shot him in the chest.

The court heard that the bullet pierced Babai’s heart, killing him instantly.

The officers reportedly fled the scene, but one was apprehended by bystanders and taken, alongside Babai’s body, to the police command. His remains were later moved to the morgue of the Osun State University Teaching Hospital before being transported to Bauchi State for burial.

Although police investigations reportedly indicted Sgt. Samuel for murder, the applicant argued that he had not been prosecuted and that Babai’s family received no support following the incident.

The suit, marked FHC/ABJ/CS/1292/2022, was filed in August 2022 by 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.

During proceedings, the Attorney-General challenged the jurisdiction of the Abuja Division of the Federal High Court and argued that the police remained the appropriate authority to prosecute the officer.

The applicant opposed the objection, relying on the Fundamental Rights (Enforcement Procedure) Rules and provisions of the 1999 Constitution empowering the Attorney-General to institute criminal proceedings.

The court dismissed the jurisdictional challenge and proceeded to grant the reliefs relating to the violation of Babai’s fundamental rights while declining to compel the Attorney-General to prosecute the accused officer.