Court Awards N200 Million Damages Over Unlawful Killing of Abuja Cleric
A 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, an Islamic cleric based in Abuja. Justice Peter Lifu delivered the judgment on Thursday, July 2, in a suit filed by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, acting for Babai's widow, Balkisu Kabiru-Babai.
Judge Rules Right to Life Violated
Justice Lifu held that the applicant successfully proved the case through affidavit evidence, ruling that Babai's constitutional right to life had been unlawfully violated. "The fundamental right to life of the applicant's husband was unlawfully violated by the conduct of the 4th respondent," Justice Lifu stated. He declared the killing unlawful and a violation of Babai's constitutional right to life, adding that the declaratory reliefs sought by the applicant were established.
Compensation for Widow and Children
The judge emphasized that Babai's widow was entitled to compensation 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. The court awarded N200 million against the second, third, and fourth respondents—the Inspector-General of Police, the Commissioner of Police in Osun State, and Sgt. Moses Samuel—as compensation and exemplary damages.
Prosecution Ordered but Not by AGF
Justice Lifu also ordered the first, second, and third respondents to commence the prosecution of Sgt. Moses Samuel. However, the court declined the request to compel the Attorney-General of the Federation to institute criminal proceedings against the officer.
Details of the Killing
According to court records, Babai—a truck driver, imam, and philanthropist—was allegedly killed on December 3, 2021, in Osogbo, Osun State. He and others were traveling when their truck developed a mechanical fault at Ota-Efun. While Babai was repairing the vehicle underneath, police officers arrived and argued with the truck driver. During the incident, an officer allegedly shot the co-driver, Harisu Musa, in the hand. Babai emerged from beneath the truck to question the shooting, after which an officer allegedly struck him with a shovel and kicked him repeatedly. Sgt. Moses Samuel then allegedly hit him with the butt of his rifle and shot him in the chest. The bullet pierced his heart, killing him instantly.
Aftermath and Legal Proceedings
The officers fled the scene, but one was apprehended by bystanders and taken to the police command along with Babai's body. His remains were moved to the mortuary at the UNIOSUN Teaching Hospital in Osogbo before being transported to Bauchi State for burial. Although the police reportedly indicted Samuel for murder, the applicant argued that he was never prosecuted and that Babai's family received no support following his death.
Parties and Claims
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 in Osun State, Sgt. Moses Samuel, and the Attorney-General of the Federation. The applicant sought declarations that the killing violated Babai's fundamental right to life, an order compelling Samuel's prosecution, and N2 billion in compensation and exemplary damages.
Defense Arguments
During 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. He also 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, argued that they could not be held liable for actions allegedly committed outside the scope of Samuel's official duties. The applicant, however, maintained that Samuel acted in the course of his official duties alongside other police officers, making the police authorities liable for his actions.
