A federal court in Abuja has ordered the Nigeria Police Force to pay N200 million over the death of Mallam Kabiru Babai, a cleric shot by officers in Osun state. Justice Peter Lifu delivered the judgment on Thursday, finding that the police unlawfully violated Babai's right to life.
The case was brought by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, acting for Babai's widow, Balkisu Kabiru-Babai. The judge ruled that the evidence presented clearly proved the unlawful killing occurred.
"The fundamental right to life of the applicant's husband was unlawfully violated by the conduct of the 4th respondent," Justice Lifu said. He added that the widow deserved compensation given the devastating impact on her and their children.
The court declared Babai's killing an infringement of his constitutional rights and ordered police leadership to prosecute the officer responsible. However, the judge rejected a request to force the attorney-general to bring criminal charges.
The compensation was awarded against the Police Service Commission, the inspector-general, the Osun commissioner of police, and the officer involved. The court rejected a request for N2 billion, instead awarding N200 million in damages.
Babai died on December 3, 2021, during an encounter with police in Osogbo. He was a truck driver, imam, and community supporter who provided for his family.
According to court documents, Babai and companions were travelling when their vehicle broke down at Ota-Efun. While he worked under the truck to fix it, police arrived and confronted the driver, leading to an argument.
During the altercation, one officer shot the co-driver, Harisu Musa, in the hand. When Babai emerged to question why Musa had been shot, officers attacked him.
An officer struck Babai with a shovel and kicked him repeatedly, court records show. Sergeant Moses Samuel then hit him with his gun's butt before shooting him in the chest.
"The bullet penetrated his heart, and he died on the spot," the court heard. The officers fled the scene but bystanders caught one and brought him and Babai's body to the police command.
Babai's body was taken to UNIOSUN Teaching Hospital mortuary in Osogbo before being transported to Bauchi for burial. Despite police findings against Samuel for murder, he was never prosecuted and the family received no support.
Adaafu filed the lawsuit on August 3, 2022, in suit No. FHC/ABJ/CS/1292/2022.
The respondents included the Police Service Commission, the inspector-general, the Osun commissioner, Samuel, and the attorney-general of the federation.
The widow initially sought N2 billion in compensation alongside declarations of unlawful killing and an order to prosecute Samuel. Justice Lifu granted the declarations and ordered prosecution but reduced the monetary award.
