The Federal High Court in Abuja has ordered the payment of ₦200 million in damages to the widow of Kabiru Babai, a truck driver who was fatally shot by a police sergeant in Osun State in 2021.
In a judgment delivered on Thursday, Justice Peter Lifu ruled that the killing amounted to a violation of Babai’s constitutional right to life and held the Nigeria Police accountable for the unlawful act.
Court Finds Fundamental Right to Life Was Violated
Justice Lifu held that the fatal shooting breached Section 33(1) of the 1999 Constitution, which guarantees the right to life, as well as Article 4 of the African Charter on Human and Peoples’ Rights.
The court declared that the evidence presented established that Sergeant Moses Samuel unlawfully caused Babai’s death, making the killing unconstitutional.
Judge Orders Immediate Prosecution of Police Sergeant
Beyond awarding compensation, the court directed the Inspector-General of Police and the Commissioner of Police for the Osun State Command to immediately begin the prosecution of Sergeant Samuel over the incident.
However, the court declined to grant a separate request asking the Attorney-General of the Federation to institute criminal proceedings against the officer.
Widow Had Sought Constitutional Relief and ₦2 Billion Compensation
Babai’s widow, Balkisu, 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.
She asked the court to declare the killing unlawful, compel the prosecution of the police officer involved and award ₦2 billion in damages for the loss of her husband.
Court Reviews Circumstances Surrounding the Fatal Shooting
According to documents before the court, the incident occurred on December 3, 2021, at Ota-Efun in Osogbo, where Babai was repairing a broken-down truck.
Police officers reportedly arrived at the scene and confronted those around the vehicle. During the encounter, one officer allegedly shot the truck’s co-driver in the hand.
The court heard that Babai emerged from beneath the truck to question the shooting. He was allegedly assaulted with a shovel, struck with the butt of a rifle and then shot in the chest by Sergeant Samuel. He died at the scene.
Compensation Awarded for Unlawful Killing and Family Trauma
Justice Lifu awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police for Osun State Command and Sergeant Samuel.
The court ruled that the award reflected both the unlawful deprivation of Babai’s life and the emotional trauma suffered by his family following the incident.
Case Followed Allegations of Delayed Criminal Action
The legal action was filed in August 2022 after claims that internal police investigations had already indicted Sergeant Samuel but that no criminal prosecution had been initiated.
The court’s latest order now requires the police authorities to take immediate steps toward prosecuting the officer in connection with the fatal shooting.
