A Federal High Court in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful killing of Abuja-based Islamic cleric, Mallam Kabiru Babai.
Justice Peter Lifu delivered the judgment on Thursday in a fundamental rights suit filed by Mr. Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, for Babai's widow, Balkisu Kabiru-Babai.
The court held that the applicant successfully established the case through affidavit evidence and ruled that Babai's constitutional right to life was unlawfully violated.
Justice Lifu declared that the cleric's killing amounted to a breach of his fundamental right to life, noting that the widow was entitled to compensation for the loss of her husband.
According to the judge, the severity of the violation and its impact on Babai's family justified the award of damages.
The court also directed the Police Service Commission, the Inspector-General of Police and the Commissioner of Police in Osun State to commence the prosecution of the police officer identified as Sgt. Moses Samuel. However, it declined the request to compel the Attorney-General of the Federation to institute criminal proceedings against the officer.
The court subsequently awarded N200 million in compensation and exemplary damages against the second, third and fourth respondents.
Court records showed that Babai, a truck driver, Islamic cleric and philanthropist, was allegedly killed on December 3, 2021, in Osogbo, Osun State.
According to the applicant, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun. While he was repairing the vehicle, police officers reportedly arrived and became involved in an altercation with the truck driver.
During the incident, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly emerged from beneath the truck to question the shooting when an officer allegedly assaulted him with a shovel before Sgt. Moses Samuel allegedly struck him with the butt of his rifle and shot him in the chest.
The bullet was said to have pierced his heart, killing him instantly. The officers allegedly fled the scene, although one was reportedly apprehended by bystanders and taken to the police command alongside Babai's body.
His remains were later deposited at the UNIOSUN Teaching Hospital mortuary in Osogbo before being transported to Bauchi State for burial.
The applicant told the court that although the police indicted Samuel for murder, he was never prosecuted, while Babai's family received no assistance following his death.
The suit, marked FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, against the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sgt. Moses Samuel and the Attorney-General of the Federation.
The applicant sought declarations that Babai's killing violated his constitutional right to life, an order directing the prosecution of the police officer and N2 billion in compensation and exemplary damages.
During the proceedings, the Attorney-General of the Federation challenged the court's jurisdiction, arguing that the Federal High Court in Abuja was not the appropriate venue for the case and maintained that the police remained the proper authority to prosecute the officer.
The Inspector-General of Police and the Commissioner of Police, Osun State Command, also argued that they could not be held liable for actions allegedly carried out outside the scope of the officer's official duties.
However, the applicant maintained that Sgt. Samuel acted in the course of his official duties alongside other police officers, making the police authorities vicariously liable for his actions.