Police Ordered to Pay ₦200m for Unlawful Killing of Imam
The Federal High Court in Abuja has ordered the Nigeria Police Force to pay ₦200 million in compensation over the unlawful killing of Islamic cleric and truck driver, Mallam Kabiru Babai, describing the incident as a violation of his constitutional right to life. Delivering judgment, Justice Peter Lifu held that the applicant, who instituted the suit on behalf of Babai's widow and the Muslim Community of Gwarimpa Estate, successfully established the case through affidavit evidence. The court ruled that the deceased's fundamental right to life was unlawfully violated and that his family deserved compensation for the devastating loss. Justice Lifu awarded ₦200 million in compensatory and exemplary damages against the relevant police authorities. The court also declared the killing unconstitutional and directed the appropriate police authorities to commence the prosecution of the officer allegedly responsible for the shooting. However, the court declined the request to compel the Attorney-General of the Federation to initiate criminal proceedings, holding that prosecutorial powers remain subject to constitutional procedures.
The case arose from an incident on December 3, 2021, in Osogbo, Osun State, where Babai and his colleagues had stopped to repair their broken-down truck. Court records stated that police officers arrived at the scene and became involved in an altercation with the occupants of the vehicle. During the confrontation, one officer allegedly shot the co-driver before Babai intervened to question the action. According to evidence presented before the court, Babai was allegedly assaulted before Sgt. Moses Samuel reportedly struck him with the butt of his rifle and shot him in the chest, killing him instantly. Although the officer was reportedly indicted internally for murder, court documents stated that no prosecution followed and Babai's family received no official support. Babai's widow subsequently filed the fundamental rights enforcement suit in 2022, seeking declarations that the killing was unlawful, an order for the officer's prosecution and ₦2 billion in damages. While the court declined to grant the full amount sought, it ruled that the police authorities were liable for the violation of the deceased's constitutional rights and awarded ₦200 million as compensation.
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