The Federal High Court in Abuja has awarded N200 million in compensation and exemplary damages against the Nigeria Police Force over the unlawful killing of Abuja-based cleric Mallam Kabiru Babai. The Kabiru Babai judgment followed a fundamental rights enforcement suit filed on behalf of the Muslim Community of Gwarimpa Estate, with the court holding that the deceased’s constitutional right to life had been violated.
Delivering judgment on Thursday, Justice Peter Lifu ruled that the applicant successfully established the case through affidavit evidence presented before the court. According to the judge, the evidence showed that Babai’s fundamental right to life had been unlawfully infringed by the actions of the fourth respondent.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent.”
Justice Lifu held that the declaratory reliefs sought by the applicant succeeded because they were founded on proven constitutional violations. He further ruled that Babai’s widow was entitled to compensation, noting that the court considered both the seriousness of the violation and its impact on the deceased’s family.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account.”
While declining the request to compel the Attorney-General of the Federation to initiate criminal proceedings, the court directed the relevant police authorities to commence the prosecution of Moses Samuel, the officer identified in the case. Justice Lifu consequently declared the killing unlawful and ordered the payment of N200 million against the second, third and fourth respondents as compensation and exemplary damages.
According to court records, Babai, a truck driver, imam and philanthropist, was killed on December 3, 2021, while attempting to repair a broken-down truck at Ota-Efun. The court heard that police officers arrived at the scene and became involved in an argument with the truck driver. During the confrontation, one officer allegedly shot the co-driver, Harisu Musa, in the hand.
After emerging from beneath the vehicle to question the shooting, Babai was allegedly assaulted before Sergeant Moses Samuel struck him with the butt of a rifle and shot him in the chest. Court documents stated that the bullet penetrated his heart, resulting in his death at the scene.
The officers reportedly fled, but one was apprehended by bystanders and taken to the police command together with Babai’s body. His remains were later transferred from the Osun State Police Command to the mortuary at UNIOSUN Teaching Hospital before burial in Bauchi State.
The suit, FHC/ABJ/CS/1292/2022, was instituted on August 3, 2022, by Okpi Adaafu on behalf of Babai’s widow, Balkisu Kabiru-Babai.
The respondents included the Police Service Commission, the Nigeria Police Force, the Osun State Police Command, Sergeant Moses Samuel and the Attorney-General of the Federation. The applicant sought declarations that Babai’s killing violated his constitutional rights, requested an order compelling the prosecution of the officer involved, and asked for N2 billion in compensation and exemplary damages.
During proceedings, the Attorney-General challenged the court’s jurisdiction and argued that the Federal High Court in Abuja was not the appropriate venue. Police authorities also contended they should not be held liable for actions allegedly committed outside the scope of official duty. The court, however, found sufficient grounds to uphold the applicant’s claims, resulting in the Kabiru Babai judgment awarding compensation and directing that criminal proceedings be initiated against the officer identified in the case.
