Court Slams Police With N200 Million Penalty Over Unlawful Killing

(Court. Photo Credit: Daily Nigeria)

The Federal High Court sitting in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful k!lling of Kabiru Babai.

The suit was filed by Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.

Delivering judgment on Thursday, Justice Peter Lifu held that the applicant had proved her case on the preponderance of the affidavit evidence before the court, ruling that the fundamental right to life of the applicant’s husband was unlawfully violated through the conduct of the fourth respondent.

The judge said the declaratory reliefs sought were anchored on this constitutional breach and therefore succeeded, adding that the applicant was entitled to compensatory damages for the unlawful loss of her husband’s life, stressing that the severity of the violation and its devastating impact on the widow and children had to be taken into consideration.

The court, however, declined the request to compel the Attorney-General to institute criminal proceedings against Samuel.

It went on to declare the k!lling unlawful and a violation of Babai’s constitutional right to life, and ordered the first, second and third respondents to commence prosecution of Samuel.

A total of N200 million was awarded against the second, third and fourth respondents as compensation and exemplary damages, with Justice Lifu formally entering the judgment.

A news agency reports that Babai was allegedly k!lled on December 3, 2021, by Sgt. Moses Samuel of the Police Command in Osun State.

The deceased had worked as a truck driver, served as an Imam, and was known as a philanthropist and breadwinner for his family before his death.

Court documents indicate that Babai and others were travelling when their truck broke down at Ota-Efun, Osogbo, in Osun State.

While he was underneath the vehicle attempting repairs, police officers reportedly arrived in a minibus and got into an argument with the driver.

During the confrontation, an officer allegedly sh0t the co-driver, Harisu Musa, in the hand.

When Babai emerged to ask why the driver had been sh0t, court records show that an officer struck him with a shovel and kicked him repeatedly, after which Sgt. Moses Samuel allegedly hit him with the butt of his gun and then sh0t him in the chest.

The bullet reportedly pierced his heart, k!lling him instantly.

The officers involved allegedly fled the scene, but bystanders apprehended one of them and took him, along with Babai’s body, to the police command.

His remains were later transferred from the Osun Police Command to the morgue at UNIOSUN Teaching Hospital, Osogbo, before being taken to Bauchi State for burial.

Although police reportedly indicted Samuel for murder, he was never prosecuted, and no support was extended to Babai’s family.

Adaafu filed the suit, numbered FHC/ABJ/CS/1292/2022, on August 3, 2022, in the name of Babai’s widow, Balkisu Kabiru-Babai.

The respondents named in the case were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police for Osun State, Samuel, and the Attorney-General of the Federation.

The applicant had sought a declaration that the k!lling was unlawful and a violation of her husband’s right to life, along with an order compelling Samuel’s prosecution and N2 billion in compensation and exemplary damages.

The Attorney-General had filed a preliminary objection challenging the court’s jurisdiction as well as his own inclusion as a party, arguing that the Federal High Court in Abuja was not the appropriate venue and maintaining that the police remained the proper authority to prosecute Samuel.

Adaafu opposed the objection and urged the court to dismiss it, arguing that the Attorney-General had wrongly relied on the Federal High Court Rules instead of the Fundamental Rights Enforcement Procedure Rules, and citing Section 174 of the 1999 Constitution, which empowers the Attorney-General to institute and undertake criminal proceedings.

The Inspector-General of Police and the Commissioner of Police for Osun Command also filed a counter-affidavit, arguing that they could not be held liable for actions allegedly carried out by Samuel outside the scope of his official duties, a claim Adaafu disputed, insisting that Samuel had acted while on official duty alongside other officers.