A Federal High Court in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful killing of Abuja-based Imam, Kabiru Babai, holding the force responsible for violating his fundamental right to life.
The court ordered the police authorities to ensure the prosecution of a police sergeant, Moses Samuel, who was said have shot the deceased leading to his death.
Moreover, the High Court described the incident as a grave breach of constitutional rights that caused immense pain to the deceased’s family.
Justice Peter Lifu delivered the judgment yesterday in a fundamental rights enforcement suit filed on behalf of Babai’s widow, Balkisu Kabiru-Babai, and members of the Muslim community,
Justice Lifu held that the evidence before the court clearly established that the victim’s right to life had been unlawfully violated.
“The fundamental right to life of this innocent man was brutally violated,” the judge said.
Furthermore, the Justice stressed that the affidavits and supporting evidence presented before the court sufficiently proved the claims against the police.
Subsequently, the court awarded both compensatory and exemplary damages, noting the severe emotional and financial consequences suffered by the deceased’s widow and children following his death.
However, the judge declined a request to compel the Attorney-General of the Federation to initiate criminal proceedings against the officer involved in the case.
According to evidence presented before the court, Babai, a truck driver, was working underneath his broken-down vehicle when police officers arrived and confronted members of the crew.
The court heard that during the encounter, one of the occupants was allegedly shot in the hand following an argument with the officers.
When Babai emerged to find out what was happening, he was reportedly assaulted before being shot in the chest by Sgt. Samuel.
Court records stated that the bullet struck his heart, leading to his immediate death, while the officers allegedly fled the scene after the incident.
The killing occurred on December 3, 2021, near Osogbo in Osun State.
Despite an earlier police indictment of the officer for murder, the court heard that no criminal prosecution followed, while the family was left without any form of assistance or support.
Babai was widely remembered by relatives, friends and community members as an imam, philanthropist and the sole provider for his family.
Following postmortem procedures conducted in Osogbo, his remains were later buried in Bauchi State.
The suit, filed in August 2022, listed the Police Service Commission, the Inspector-General of Police, the Commissioner of Police in Osun State, Sgt. Samuel and the Attorney-General of the Federation as respondents.
The applicants had initially sought N2 billion in damages, but the court awarded N200 million after considering the circumstances surrounding the case.
Lawyers representing the police argued that the actions of the officer could not be attributed to the force because they were outside the scope of official duty.
The court, however, rejected the argument, noting that the officer was on active assignment alongside other policemen when the incident occurred.
Reacting to the judgment, a source close to the family said, “This victory sends a strong message that no one is above the law, especially those sworn to protect citizens.”
Although Babai’s family welcomed the judgment, they maintained that compensation alone cannot replace their loss and expressed hope that full criminal justice would eventually be served.