Court awards N200m against police over unlawful killing of Abuja imam

The Federal High Court in Abuja has ordered the Nigeria Police Force to pay N200 million in compensatory and exemplary damages over the unlawful killing of Kabiru Babai, an Abuja-based truck driver and imam.

Delivering judgment on Thursday, Justice Peter Lifu held that the applicant established her case through affidavit evidence and declared that Babai’s constitutional right to life had been violated by the actions of Sergeant Moses Samuel, a police officer attached to the Osun State Police Command.

“The fundamental right to life of the applicant’s husband was unlawfully violated,” the judge held, adding that the widow was entitled to compensation given the gravity of the violation and its impact on her family.

The suit was instituted by Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, in the name of Babai’s widow, Balkisu Kabiru-Babai.

The court declared the killing unlawful and awarded N200 million against the Police Service Commission, the Inspector-General of Police and the Commissioner of Police, Osun State Command, as compensation and exemplary damages.

Justice Lifu, however, declined the request to compel the Attorney-General of the Federation (AGF) to initiate criminal proceedings against Sergeant Samuel. Instead, the court directed the relevant police authorities to commence his prosecution.

Babai was allegedly killed on December 3, 2021, at Ota-Efun in Osogbo, Osun State, while repairing a broken-down truck.

According to court documents, police officers arrived at the scene and became involved in an altercation with the truck driver. During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand.

Babai reportedly emerged from beneath the truck and questioned the shooting, after which he was allegedly assaulted by officers. Court records stated that Sergeant Samuel struck him with the butt of his rifle before shooting him in the chest, killing him instantly.

The officers reportedly fled the scene, but one was apprehended by bystanders and handed over to the police alongside Babai’s body.

Babai’s remains were initially taken to the Osun State Police Command before being deposited at the UNIOSUN Teaching Hospital mortuary in Osogbo. He was later buried in Bauchi State.

Although internal police investigations reportedly indicted Sergeant Samuel for murder, the applicant argued that no criminal prosecution was initiated and no support was provided to the deceased’s family.

The fundamental rights enforcement 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, Sergeant Samuel and the Attorney-General of the Federation.

The applicant sought declarations that the killing violated Babai’s constitutional right to life, an order compelling Samuel’s prosecution, and N2 billion in compensation and exemplary damages.

The AGF challenged the jurisdiction of the Federal High Court in Abuja and argued that the police remained the appropriate authority to prosecute the officer. The police, in their defence, contended that they could not be held liable for acts allegedly committed outside the scope of Samuel’s official duties.

The court dismissed the objections and ruled in favour of the applicant, awarding N200 million in damages.