The Federal High Court in Abuja has ordered the Nigeria Police Force to pay N200 million in damages for the unlawful killing of Mallam Kabiru Babai, a truck driver, imam, and breadwinner, who was shot by Sgt. Moses Samuel of the Osun State Police Command in December 2021.
Delivering judgment, Justice Peter Lifu held that Babai’s fundamental right to life under the 1999 Constitution was violated, noting that the applicant proved her case on the balance of probabilities through affidavit evidence. The court declared the killing unlawful, awarded compensatory and exemplary damages, and directed the Police Service Commission, the Inspector-General of Police, and the Osun State Commissioner of Police to commence prosecution of Sgt. Samuel.
While declining to compel the Attorney-General of the Federation to institute criminal proceedings, Justice Lifu stressed that the gravity of the violation and its devastating impact on Babai’s widow and children warranted substantial damages.
The suit, FHC/ABJ/CS/1292/2022, was filed by Mr. Okpi Adaafu on behalf of Babai’s widow, Balkisu Kabiru Babai, and the Muslim Community of Gwarimpa Estate, Abuja. The applicant sought declarations of unlawfulness, enforcement of Babai’s right to life, and compensation of N2 billion.
Court records revealed Babai was assaulted and fatally shot after questioning police officers who had earlier shot his co-driver. Despite being indicted for murder, Sgt. Samuel was not prosecuted, prompting the widow’s legal action.
The ruling underscores judicial insistence on accountability for extrajudicial killings, reinforcing the constitutional protection of life and the duty of law enforcement agencies to act within the law.
... Court Orders Nigeria Police To Prosecute Sergeant, Pay N200Million For 2021 Killing of Truck Driver Babai In Osun ... Naijaonpoint.