The Federal High Court in Abuja has ordered the Nigeria Police Force to pay N200 million in compensation and exemplary damages over the unlawful killing of Abuja-based cleric Kabiru Babai.
Justice Peter Lifu delivered the judgment on Thursday in a suit filed by Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
The court held that the applicant established the case through affidavit evidence and ruled that Babai's constitutional right to life was violated.
"The fundamental right to life of the applicant's husband was unlawfully violated by the conduct of the fourth respondent," Justice Lifu said.
The judge said the violation entitled Babai's family to compensation, noting the impact of the killing on his widow and children.
"The gravity of the violation and its devastating consequences on the widow and children must be taken into account," he added.
The court declared the killing unlawful and awarded N200 million against the Police Service Commission, the Inspector-General of Police and the officer identified in the suit as Moses Samuel.
Justice Lifu, however, declined a request to compel the Attorney-General of the Federation to institute criminal proceedings against Samuel. Instead, the court directed the relevant police authorities to commence his prosecution.
According to court records, Babai was killed on December 3, 2021, at Ota-Efun in Osogbo, Osun State.
He was travelling with others when their truck developed a mechanical fault. While he was underneath the vehicle carrying out repairs, police officers reportedly arrived and became involved in an argument with the driver, Harisu Musa.
The court heard that one officer shot the driver in the hand during the confrontation. Babai then emerged from beneath the truck and questioned the shooting.
Court documents stated that officers assaulted him before Samuel allegedly struck him with the butt of his rifle and shot him in the chest.
The bullet pierced his heart, killing him at the scene.
Witnesses reportedly apprehended one of the officers after the others fled. Babai's body was taken to the Osun State Police Command before being moved to the UNIOSUN Teaching Hospital morgue in Osogbo and later buried in Bauchi State.
Although police investigators reportedly indicted Samuel for murder, the suit argued that he was never prosecuted and that Babai's family received no support.
The fundamental rights suit (FHC/ABJ/CS/1292/2022) was filed on August 3, 2022, by Babai's widow, Balkisu Kabiru-Babai, through her counsel, Okpi Adaafu.
The respondents were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police in Osun State, Moses Samuel and the Attorney-General of the Federation.
The applicant sought declarations that Babai's killing was unlawful, an order compelling Samuel's prosecution and N2 billion in compensation and exemplary damages.
During the proceedings, the Attorney-General challenged the court's jurisdiction and argued that the Federal High Court in Abuja was not the proper venue for the case. He also maintained that the police, not his office, had the authority to prosecute the officer.
The court rejected the jurisdictional challenge but declined to compel the Attorney-General to initiate criminal proceedings, while granting compensation and directing the police authorities to begin Samuel's prosecution.
