The Federal High Court, Abuja has awarded N200 million against the Nigeria Police Force over the unlawful killing 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 proved her case on the preponderance of affidavit evidence.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge held.
Justice Lifu said the declaratory reliefs were founded on the constitutional violation and succeeded.
He added that the applicant was entitled to compensatory damages for the unlawful deprivation of her husband’s life.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” he said.
However, the court refused the relief seeking to compel the attorney-general to institute criminal proceedings against Samuel.
The court subsequently declared the killing unlawful and an infringement on Babai’s constitutional right to life.
It also ordered the 1st, 2nd and 3rd respondents to commence prosecution of Samuel.
The court awarded N200 million against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.
“The judgment is so entered,” Justice Lifu ruled.
The News Agency of Nigeria, (NAN) reports that Babai was allegedly killed on Dec. 3, 2021, by Sgt. Moses Samuel of the Police Command in Osun.
The deceased was a truck driver, Imam, philanthropist and family breadwinner before his death.
According to court documents, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo in Osun.
While Babai was under the truck fixing it, police officers reportedly arrived in a minibus and engaged the driver in an argument.
During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly came out from under the truck and questioned why the driver was shot.
Court records showed that an officer hit Babai with a shovel and kicked him repeatedly.
It added that Sgt. Moses Samuel struck Babai with the butt of his gun and shot him in the chest.
