Court Orders Prosecution Of Police Officer Over Osun Truck Driver’s Killing

The Federal High Court in Abuja has awarded ₦200 million in damages against the Nigeria Police Force over the unlawful killing of a truck driver, Islamic cleric and philanthropist, Mallam Kabiru Babai, who was allegedly shot dead by a police sergeant in Osun State.

Delivering judgment on Thursday, July 2, Justice Peter Lifu held that Babai’s killing by Sergeant Moses Samuel violated his fundamental right to life as guaranteed under Section 33(1) of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples’ Rights.

The court also ordered the Inspector-General of Police and the Commissioner of Police in Osun State to immediately commence the prosecution of the officer responsible for the killing.

Widow Sues Police

Naija News understands that the suit, marked FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, by the deceased’s widow, Balkisu Kabiru Babai, through her counsel, Barrister Okpi Bernard Adaafu.

The respondents in the suit were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sergeant Moses Samuel and the Attorney-General of the Federation.

The applicant had asked the court to declare the killing of her husband unlawful, compel the prosecution of the police officer involved and award ₦2 billion as compensation for the violation of her husband’s right to life and the trauma suffered by his family.

According to the originating application, Babai was killed on December 3, 2021, at Ota-Efun, Osogbo, Osun State.

The applicant said Babai, who was the breadwinner of his family, was travelling in a truck that developed a mechanical fault along the road.

She stated that while he was underneath the truck trying to repair it, police officers arrived at the scene and began arguing with the driver.

According to eyewitness accounts relied upon by the applicant, one of the officers allegedly shot the co-driver, Harisu Musa, in the hand during the altercation.

Babai was said to have come out from under the truck to ask why the co-driver had been shot.

The applicant alleged that an unidentified officer struck him with a shovel and kicked him repeatedly before Sergeant Samuel allegedly hit him with the butt of his rifle and shot him in the left side of the chest.

The bullet reportedly penetrated his heart, killing him instantly.

His body was later taken to the Osun State Police Command before being deposited at the UNIOSUN Teaching Hospital mortuary in Osogbo. It was later released to his family for burial in Bauchi State.

The widow told the court that although an internal police investigation indicted Sergeant Samuel for the killing, he was never prosecuted.

She also said no support was provided to Babai’s family after his death.

During the proceedings, the Attorney-General of the Federation challenged the jurisdiction of the Federal High Court in Abuja, arguing that the matter ought to have been filed elsewhere.

The AGF also argued that he was not a necessary party to the suit and that the responsibility for prosecuting the police officer rested with the police authorities.

Similarly, the Inspector-General of Police and the Commissioner of Police, Osun State, argued that they could not be held liable for actions allegedly committed by Sergeant Samuel outside the scope of his official duties.

However, counsel to the applicant urged the court to dismiss the objections, insisting that the officer was on official duty when the incident occurred and that his superiors were vicariously liable for his actions.

Court Faults Killing

In his judgment, Justice Lifu held that the applicant had proved, through affidavit evidence, that Babai’s right to life was unlawfully violated.

The judge said, “In the final analysis I find that the Applicant have successfully established on the preponderance of affidavit evidence, that the fundamental right of the Applicant’s husband guaranteed under section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 4 of the Banjul Charter, that is African Charter of Human and People’s Rights was unlawfully violated by the conduct of the 4th Respondent, according the Declaratory reliefs founded upon that constitutional violation succeeds.”

Justice Lifu said Babai’s widow was entitled to compensation, considering the gravity of the violation and its impact on her and her children.

“The Applicant is also entitled to compensatory damages for unlawful deprivation of the life of her husband; taking into account the gravity of the violation, and its devastating consequences on this widow and the children,” the judge stated.

Police Ordered To Prosecute Sergeant

Although the court declined to compel the Attorney-General of the Federation to institute criminal proceedings against the officer, it ordered the police authorities to prosecute Sergeant Samuel.

Justice Lifu declared Babai’s killing unlawful and unconstitutional and directed the Inspector-General of Police and the Osun State Commissioner of Police to immediately commence the prosecution of the sergeant.

The court also awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police, Osun State, and Sergeant Samuel.

The judge ruled, “A sum of ₦200,000,000.00 (Two Hundred Million Naira) only is hereby awarded against the 2nd, 3rd and 4th Respondents being fair and reasonable compensation, exemplary damages for the unjustifiable and unreasonable killing of Mallam Kabiru Babai, the Applicant’s husband and loss of affection, companionship, psychological trauma suffered by the Applicant and her children.”