The Federal High Court in Abuja has ordered the Nigeria Police Force to pay N200 million in compensation and exemplary damages over the extrajudicial killing of Mallam Kabiru Babai, an imam and truck driver from Gwarimpa Estate, Abuja.
Delivering judgment on Thursday, Justice Peter Lifu ruled that the killing of Babai on December 3, 2021, by Sgt. Moses Samuel of the Osun State Police Command was unlawful and constituted a gross violation of his fundamental right to life under the Constitution.
The suit was filed by Mr. Okpi Adaafu on behalf of Babai’s widow, Balkisu Kabiru-Babai, and the Muslim Community of Gwarimpa Estate.
According to court documents, Babai and his colleagues were travelling when their truck developed a mechanical fault at Ota-Efun in Osogbo, Osun State. While Babai was repairing the vehicle from underneath, police officers in a minibus arrived and got into an argument with the driver. One officer allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly emerged to inquire about the shooting and was immediately attacked. Court records stated that he was hit with a shovel, kicked repeatedly, struck with the butt of a gun, and shot in the chest by Sgt. Samuel. The bullet pierced his heart, leading to his instantaneous death.
The officers fled the scene, but bystanders apprehended one of them. Babai’s body was taken to the Osun State Police Command and later transferred to the UNIOSUN Teaching Hospital mortuary before burial in Bauchi State.
Although the police internally indicted Sgt. Samuel for murder, he was never prosecuted, and no support was provided to the deceased’s family.
In his ruling, Justice Lifu declared the killing unlawful and directed the relevant authorities, including the 1st, 2nd, and 3rd respondents, to initiate criminal prosecution against Samuel. The court, however, declined the request to compel the Attorney-General of the Federation to personally institute criminal proceedings.
The judge emphasised the devastating impact of the loss on Babai’s widow and children, describing him as a philanthropist, family breadwinner, and respected cleric.
The respondents in the suit included 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.
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