Trending 
A High Court in Abuja has awarded ₦200 million against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai, a truck driver killed by a police officer in Osun State in 2021.
Justice Peter Lifu, delivering judgement on Thursday, 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 4th respondent,” the judge held.
The court declared the killing unlawful and an infringement on Babai’s constitutional right to life. It also ordered the 1st, 2nd and 3rd respondents to commence prosecution of Sergeant Moses Samuel, the officer accused of the killing.
Babai was allegedly killed on December 3, 2021, by Sgt. Moses Samuel of the Police Command in Osun State. The deceased was a truck driver, Imam, philanthropist and family breadwinner.
According to court documents, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo in Osun. While Babai was under the truck fixing it, police officers arrived in a minibus and engaged the driver in an argument.
During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand. Babai reportedly came out from under the truck and questioned why the driver was shot.
Court records showed that an officer hit Babai with a shovel and kicked him repeatedly. Sgt. Moses Samuel then struck 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 Babai’s body, to the police command.
Although police indicted Samuel for murder, he was not prosecuted, and no support was offered to Babai’s family, according to court documents.
The suit was filed by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja, in the name of Babai’s widow, Balkisu Kabiru-Babai.
The respondents were the Police Service Commission; Inspector-General of Police; Commissioner of Police, Osun State; Samuel; and the Attorney-General of the Federation.
Justice Lifu refused the relief seeking to compel the attorney-general to institute criminal proceedings against Samuel but awarded N200 million against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” the judge said.
“The judgement is so entered,” Justice Lifu ruled.
