Court Orders Police to Pay N200 Million for Killing Abuja Cleric in Landmark Human Rights Judgment
A Federal High Court in Abuja has ordered the Nigeria Police Force to pay N200 million in damages over the unlawful killing of cleric Mallam Kabiru Babai, while directing authorities to prosecute the officer allegedly responsible.
The Federal High Court in Abuja has awarded N200 million in compensation against the Nigeria Police Force over the unlawful killing of Islamic cleric and truck driver Mallam Kabiru Babai, describing the incident as a clear violation of his constitutional right to life.
The judgment, delivered by Justice Peter Lifu, represents one of the latest judicial pronouncements holding law enforcement authorities accountable for alleged extrajudicial killings and abuse of power. The court also directed the relevant police authorities to commence the prosecution of the officer accused of fatally shooting the cleric during an incident that occurred in Osun State in December 2021. (Punch Newspapers)
Court Finds Fundamental Right to Life Was Violated
Justice Lifu ruled that the applicant had successfully established the case through affidavit evidence, holding that the killing of Babai amounted to an unlawful deprivation of life protected under the Nigerian Constitution.
According to the court, the deceased's fundamental right to life was violated through the actions of the fourth respondent in the suit, making the police authorities liable for compensatory and exemplary damages.
In awarding N200 million, the judge noted that the devastating impact of the killing on Babai's widow and children deserved significant judicial recognition, emphasizing that the gravity of the constitutional breach warranted substantial compensation.
How the Incident Happened
Court records revealed that the fatal incident occurred on December 3, 2021, while Babai and several others were travelling through Ota-Efun in Osogbo, Osun State.
Their truck reportedly developed a mechanical fault, prompting Babai to crawl underneath the vehicle to carry out repairs.
While the repairs were ongoing, police officers allegedly arrived in a minibus and became involved in an altercation with the truck driver.
The confrontation quickly escalated. One officer was said to have shot the truck's co-driver, Harisu Musa, in the hand.
Babai reportedly emerged from beneath the truck to question why the co-driver had been shot.
According to evidence presented before the court, officers assaulted the cleric, with one allegedly striking him with a shovel while others kicked him repeatedly.
The court heard that Sergeant Moses Samuel then allegedly hit Babai with the butt of his rifle before firing a shot into his chest.
The bullet reportedly pierced his heart, killing him instantly.
Officer Allegedly Escaped as Crowd Intervened
Witness accounts presented before the court stated that after the shooting, the officers fled the scene.
However, members of the public reportedly apprehended one of the officers and handed him over alongside Babai's body to the police authorities.
The deceased's remains were subsequently moved from the Osun State Police Command to the mortuary at the UNIOSUN Teaching Hospital in Osogbo before being transported to Bauchi State, where he was buried according to Islamic rites. (Vanguard News)
Widow Sought N2 Billion Compensation
The suit, filed as FHC/ABJ/CS/1292/2022, was instituted by legal practitioner Okpi Adaafu on behalf of Babai's widow, Balkisu Kabiru-Babai, and supported by the Muslim Community of Gwarimpa Estate, Abuja.
The respondents included:
- The Police Service Commission
- The Inspector-General of Police
- The Commissioner of Police, Osun State Command
- Sergeant Moses Samuel
- The Attorney-General of the Federation
The applicants sought several reliefs, including declarations that the killing violated Babai's constitutional rights, an order compelling criminal prosecution of the officer involved, and N2 billion in compensation and exemplary damages.
Court Orders Police to Begin Prosecution
Although the court declined the request directing the Attorney-General of the Federation to personally institute criminal proceedings, Justice Lifu nevertheless ordered the Police Service Commission, the Inspector-General of Police and the Osun State Commissioner of Police to commence prosecution of Sergeant Samuel.
The ruling reinforces the responsibility of law enforcement agencies to investigate and prosecute officers accused of serious criminal misconduct while acting in the course of official duties.
Attorney-General Challenged Jurisdiction
During the proceedings, the Attorney-General of the Federation argued that the Federal High Court in Abuja lacked jurisdiction to hear the matter and questioned his inclusion as a respondent.
The AGF maintained that criminal prosecution remained primarily the responsibility of the police.
However, counsel for the applicant opposed the objection, arguing that the application was brought under the Fundamental Rights (Enforcement Procedure) Rules and that the Constitution empowers the Attorney-General to institute criminal proceedings where necessary.
Justice Lifu ultimately dismissed the jurisdictional arguments and proceeded to determine the substantive issues in the case.
Broader Implications
Human rights advocates have consistently argued that accountability for unlawful killings remains essential to strengthening public confidence in Nigeria's criminal justice system.
Legal experts say the judgment demonstrates the judiciary's willingness to provide civil remedies for victims of constitutional violations while reaffirming that security agencies remain accountable for the actions of officers operating under their authority.
While the N200 million award provides financial compensation to Babai's family, observers note that the court's directive for criminal prosecution could prove equally significant if fully implemented.
The case also serves as another reminder of the continuing importance of judicial oversight in addressing allegations of police misconduct and protecting citizens' constitutional rights.