The Federal High Court, Abuja Division, has awarded N200 million against the police over the unlawful killing of Kabiru Babai. The suit was filed by Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
Delivering judgement 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 fourth respondent,” the judge held.
The judge said the declaratory relief was 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 to grant the relief sought to compel the attorney general to institute criminal proceedings against Samuel. The court subsequently declared the killing unlawful and an infringement on Mr Babai’s constitutional right to life.
It also ordered the first, second and third respondents to commence prosecution of Samuel. The court awarded N200 million against the second, third and fourth respondents as compensation and exemplary damages.
“The judgment is so entered,” the judge ruled.
Mr Babai was allegedly killed on December 3, 2021, by Moses Samuel of the police command in Osun.
According to court documents, Mr Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo, in Osun. While Mr Babai was under the truck fixing it, police officers reportedly arrived in a minibus and engaged the driver in an argument.
During the incident, an officer shot the driver, Harisu Musa, in the hand. Mr Babai reportedly came out from under the truck and questioned why the driver was shot.
Court records showed that an officer hit Mr Babai with a shovel and kicked him repeatedly. It added that Mr Samuel struck Mr 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 Mr Babai’s body, to the police command.
Mr Babai’s remains were later moved from the police command in Osun to the morgue at UNIOSUN Teaching Hospital, Osogbo, before being taken to Bauchi for burial.
Although police indicted Samuel for murder, he was not prosecuted, and no support was offered to Mr Babai’s family. Mr Adaafu filed suit No. FHC/ABJ/CS/1292/2022 on August 3, 2022, in the name of Mr Babai’s widow, Balkisu Kabiru-Babai.
The respondents were the Police Service Commission, the inspector-general of police, the police commissioner in Osun, Mr Samuel, and the attorney general of the federation.
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 the payment of 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 Division, was not the proper forum for the case.
The attorney general also maintained that the police remained the appropriate authority to prosecute Mr Samuel.
Mr Adaafu opposed the objection, urging the court to dismiss it, and argued that the AGF relied on the Federal High Court Rules rather than the Fundamental Rights Enforcement Procedure Rules.
He also cited Section 174 of the 1999 Constitution, which empowered the AGF to institute and undertake criminal proceedings. The IG and the police commissioner also filed a counter-affidavit.
They argued that they could not be held liable for acts allegedly committed outside the scope of Mr Samuel’s duty.
Mr Adaafu disagreed, insisting that Mr Samuel acted while on official duty with other officers.
