The Federal High Court, Abuja has awarded N200 million against the Nigeria Police Force over the unlawful killing of a cleric, Mallam Kabiru Babai.
The suit was filed against the Nigeria Police Force by Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
Delivering judgment 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 of the Federation to institute criminal proceedings against one Sergeant Moses 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 judgment is so entered,” Justice Lifu ruled.
The News Agency of Nigeria (NAN) reports that Babai was allegedly killed on December 3, 2021 by Samuel of the Osun State Police Command.
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 State.
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 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 State 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 in Osun State, Samuel, and the AGF.
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.
