Fresh Twist As Court Orders Prosecution Of Officer Accused In Osun Truck Driver’s Killing

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

Delivering judgment on Thursday, Justice Peter Lifu ruled that Babai’s death at the hands of 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 directed the Inspector-General of Police (IGP) and the Osun State Commissioner of Police to immediately begin the prosecution of the officer accused of the killing.

Widow Sought Justice

The suit, marked FHC/ABJ/CS/1292/2022, was filed on August 3, 2022, by Babai’s widow, Balkisu Kabiru Babai, through her lawyer, Barrister Okpi Bernard Adaafu.

The respondents included the Police Service Commission, the Inspector-General of Police, the Osun State Commissioner of Police, Sergeant Moses Samuel, and the Attorney-General of the Federation (AGF).

The widow asked the court to declare her husband’s killing unlawful, compel the prosecution of the officer involved, and award ₦2 billion in damages for the violation of his right to life and the emotional trauma suffered by the family.

According to court documents, Babai was killed on December 3, 2021, at Ota-Efun in Osogbo, Osun State.

His family said he was travelling in a truck that developed a mechanical fault and was underneath the vehicle attempting repairs when police officers arrived and reportedly began arguing with the driver.

The applicant relied on eyewitness accounts alleging that one of the officers first shot the co-driver, Harisu Musa, in the hand during the confrontation.

Babai reportedly emerged from beneath the truck to question the shooting, after which an unidentified officer allegedly assaulted him with a shovel and kicked him repeatedly before Sergeant Samuel allegedly struck him with the butt of his rifle and shot him in the left side of the chest.

The bullet reportedly pierced 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 and eventually released to his family for burial in Bauchi State.

The widow told the court that although an internal police investigation reportedly indicted Sergeant Samuel, he was never prosecuted, and the family received no support following Babai’s death.

Court Rejects Objections

During the hearing, the Attorney-General of the Federation challenged the court’s jurisdiction, arguing that the case should have been filed elsewhere and insisting that prosecuting the officer was the responsibility of the police, not the AGF.

The Inspector-General of Police and the Osun State Commissioner of Police also 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 maintained that the officer was on official duty when the incident occurred and that the police authorities were vicariously liable for his actions.

Court Awards ₦200 Million

In his judgment, Justice Lifu held that the applicant had successfully established, through affidavit evidence, that Babai’s constitutional right to life had been unlawfully violated.

The judge ruled that the widow was entitled to compensation, citing the gravity of the violation and the devastating impact of the killing on her and her children.

While the court declined to compel the Attorney-General of the Federation to initiate criminal proceedings, it ordered the Inspector-General of Police and the Osun State Commissioner of Police to immediately prosecute Sergeant Samuel.

Justice Lifu also awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Osun State Commissioner of Police, and Sergeant Moses Samuel for the unlawful killing and the emotional and psychological trauma suffered by Babai’s family.