The Federal High Court in Abuja has awarded N200 million in damages to the widow of a truck driver, Kabiru Babai, who was unlawfully killed by a police sergeant in Osun State in 2021.
Delivering judgment on Thursday, Justice Peter Lifu held that the fatal shooting of Babai by Sergeant Moses Samuel constituted a violation of the deceased’s 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 directed the Inspector-General of Police and the Commissioner of Police, Osun State Command, to immediately commence the prosecution of the police officer over the killing.
Babai’s widow, Balkisu, had instituted the fundamental rights enforcement suit against the Police Service Commission, the Inspector-General of Police, the Commissioner of Police in Osun State, Sergeant Samuel and the Attorney-General of the Federation.
In the suit, she sought a declaration that the killing of her husband on December 3, 2021, was unlawful, an order compelling the prosecution of the officer responsible for the shooting and N2 billion in compensation for the violation of his constitutional rights.
According to court documents, the incident occurred at Ota-Efun, Osogbo, where Babai was repairing a broken-down truck.
The applicant stated that police officers arrived at the scene and confronted the occupants of the vehicle. During the altercation, one of the officers allegedly shot the truck’s co-driver in the hand.
Babai reportedly emerged from beneath the truck to question the shooting, but was allegedly beaten with a shovel, struck with the butt of a rifle and subsequently shot in the chest by Sergeant Samuel. He was said to have died instantly at the scene.
In his judgment, Justice Lifu held that the applicant had successfully established that the actions of the fourth respondent, Sergeant Samuel, unlawfully violated the deceased’s constitutional right to life.
The court consequently declared the killing unconstitutional and awarded N200 million as compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police, Osun State Command, and Sergeant Samuel for the unlawful killing and the emotional trauma suffered by the deceased’s family.
However, the court declined the applicant’s request seeking an order compelling the Attorney-General of the Federation to institute criminal proceedings against the police officer.
The suit followed allegations that although internal police investigations reportedly indicted Sergeant Samuel after the incident, he had not been prosecuted by the time the case was filed in August 2022.
The judgment represents another judicial affirmation of the constitutional protection of the right to life and reinforces the responsibility of law enforcement agencies to ensure accountability for the unlawful use of force by their personnel.