Abuja Court Orders Police to Prosecute Sergeant, Pay N200 Million for Osun Driver's Death

The Federal High Court in Abuja has issued a landmark judgment, compelling the Nigeria Police Force to pay ₦200 million in damages for the illegal killing of Mallam Kabiru Babai. Babai, a truck driver, Islamic cleric, and philanthropist, was allegedly shot dead by a police sergeant in Osun State in December 2021.

Justice Peter Lifu, in his ruling delivered on Thursday, determined that the killing of Babai by Sergeant Moses Samuel constituted a clear violation of his fundamental right to life, as enshrined in Section 33(1) of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples' Rights. The court further directed both the Inspector-General of Police and the Commissioner of Police in Osun State to promptly initiate criminal proceedings against the officer implicated in the death.

The lawsuit, identified as FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, by Balkisu Kabiru Babai, the deceased's widow, represented by her counsel, Barrister Okpi Bernard Adaafu. Named as respondents in the case were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sergeant Moses Samuel, and the Attorney-General of the Federation. Mrs. Babai had sought several reliefs, including a declaration that her husband's killing was unlawful, an order for the prosecution of the involved police officer, and ₦2 billion as compensation for the violation of his right to life and the profound trauma inflicted upon his family.

According to the originating application, the incident occurred on December 3, 2021, in Ota-Efun, Osogbo, Osun State. Babai, who was the primary provider for his family, was traveling in a truck that experienced a mechanical breakdown. While he was underneath the vehicle attempting repairs, police officers reportedly arrived at the scene and engaged in an altercation with the driver. Eyewitness accounts, which formed part of the applicant's submission, alleged that one of the officers shot the co-driver, Harisu Musa, in the hand during the dispute.

It was further alleged that Babai emerged from under the truck to inquire about the shooting of his co-driver. At this point, an unidentified officer reportedly struck him with a shovel and repeatedly kicked him. Subsequently, Sergeant Moses Samuel allegedly hit Babai with the butt of his rifle before fatally shooting him in the left side of his chest. The bullet, it was reported, pierced his heart, leading to his instant death. His body was initially taken to the Osun State Police Command, later deposited at the UNIOSUN Teaching Hospital mortuary in Osogbo, and subsequently released to his family for burial in Bauchi State.

The applicant contended that despite an internal police investigation reportedly indicting Sergeant Samuel for the killing, he was never prosecuted, and Babai's family received no support.

During the court proceedings, the Attorney-General of the Federation challenged the jurisdiction of the Federal High Court in Abuja, arguing that the case should have been filed elsewhere and that the Attorney-General was not a necessary party. The AGF also maintained that the responsibility for prosecuting the police officer lay with the police authorities. Similarly, the Inspector-General of Police and the Commissioner of Police, Osun State, asserted that they could not be held accountable for actions allegedly committed by Sergeant Samuel outside the scope of his official duties. However, the applicant's counsel urged the court to reject these arguments, emphasizing that the officer was on official duty when the incident transpired and that his superiors were vicariously liable for his actions.

In his judgment, Justice Lifu concluded that the applicant had successfully proven, through affidavit evidence, that Babai's constitutional right to life had been unlawfully violated. The judge stated, "In the final analysis I find that the Applicant have successfully established on the preponderance of affidavit evidence, that the fundamental right of the Applicant's husband guaranteed under section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 4 of the Banjul Charter, that is African Charter of Human and People's Rights was unlawfully violated by the conduct of the 4th Respondent, according the Declaratory reliefs founded upon that constitutional violation succeeds."

The court also affirmed that Babai's widow was entitled to financial compensation, considering the gravity of the violation and its devastating impact on her and her children. Justice Lifu remarked, "The Applicant is also entitled to compensatory damages for unlawful deprivation of the life of her husband; taken into account the gravity of the violation, and its devastating consequences on this widow and the children." While the court declined to compel the Attorney-General of the Federation to initiate criminal proceedings against the police officer, it explicitly ordered the police authorities themselves to prosecute Sergeant Samuel.

Consequently, Justice Lifu declared Babai's killing unlawful and unconstitutional, mandated the Inspector-General of Police and the Commissioner of Police, Osun State, to immediately commence the prosecution of Sergeant Samuel, and awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police, Osun State, and Sergeant Samuel. The judge ruled: "A sum of N200,000,000.00 (Two Hundred Million Naira) only is hereby awarded against the 2nd, 3rd and 4th Respondents being fair and reasonable compensation, exemplary damages for the unjustifiable and unreasonable killing of Mallam Kabiru Babai, the Applicant's husband and loss of affection, companionship, psychological trauma suffered by the Applicant and her children."