Court orders police to pay N200m for killing Abuja cleric

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The Federal High Court, Abuja, has awarded N200 million against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai.

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The suit was filed by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.

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Delivering judgment on Thursday, Justice Peter Lifu held that the applicant proved her case on the preponderance of affidavit evidence.

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“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge held.

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Justice Lifu said the declaratory reliefs were founded on the constitutional violation and succeeded.

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He added that the applicant was entitled to compensatory damages for the unlawful deprivation of her husband’s life.

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“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” he said.

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However, the court refused the relief seeking to compel the attorney-general to institute criminal proceedings against Samuel.

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The court subsequently declared the killing unlawful and an infringement on Babai’s constitutional right to life.

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It also ordered the 1st, 2nd and 3rd respondents to commence prosecution of Samuel.

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The court awarded N200 million against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.

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“The judgment is so entered,” Justice Lifu ruled.

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The News Agency of Nigeria (NAN) reports that Babai was allegedly killed on Dec. 3, 2021, by Sgt Moses Samuel of the Police Command in Osun.

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The deceased was a truck driver, imam, philanthropist and family breadwinner before his death.

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According to court documents, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo, in Osun.

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While Babai was under the truck fixing it, police officers reportedly arrived in a minibus and engaged the driver in an argument.

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During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand.

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Babai reportedly came out from under the truck and questioned why the driver was shot.

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Court records showed that an officer hit Babai with a shovel and kicked him repeatedly.

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It added that Sgt Moses Samuel struck Babai with the butt of his gun and shot him in the chest.

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“The bullet penetrated his heart, and he died on the spot,” the court heard.

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The officers reportedly fled, but bystanders apprehended one of them and took him, alongside Babai’s body, to the police command.

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Babai’s remains were later moved from the Osun Police Command to the mortuary at UNIOSUN Teaching Hospital, Osogbo, and were later taken to Bauchi State for burial.

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Although police indicted Samuel for murder, he was not prosecuted and no support was offered to Babai’s family.

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Adaafu filed suit No. FHC/ABJ/CS/1292/2022 on Aug. 3, 2022, in the name of Babai’s widow, Balkisu Kabiru-Babai.

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The respondents were the Police Service Commission; Inspector-General of Police; Commissioner of Police, Osun State; Samuel; and the Attorney-General of the Federation.

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The applicant sought declarations that the killing was unlawful and violated Babai’s fundamental right to life.

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She also sought an order compelling the prosecution of Samuel and N2 billion as compensation and exemplary damages.

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The attorney general filed a preliminary objection, challenging the court’s jurisdiction and his inclusion as a party.

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He argued that the Federal High Court, Abuja, was not the proper place for the case.

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The attorney-general also maintained that the police remained the appropriate authority to prosecute Samuel.

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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.

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He also cited Section 174 of the 1999 Constitution, which empowered the AGF to institute and undertake criminal proceedings.

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The Inspector-General of Police and the Commissioner of Police, Osun Command, also filed a counter-affidavit.

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They argued that they could not be held liable for acts allegedly committed outside the scope of Samuel’s duty.

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Adaafu disagreed, insisting that Samuel acted while on official duty with other officers. (NAN)

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