A Federal High Court in Abuja has awarded N200 million in damages to Balkisu, the widow of truck driver Kabiru Babai, who was allegedly killed by a police officer in Osun State in 2021.
Delivering judgment, Justice Peter Lifu held that the fatal shooting of Babai by Sergeant Moses Samuel violated his constitutional 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 ordered the Inspector-General of Police (IGP) and the Commissioner of Police in Osun State to immediately commence the prosecution of the officer over the incident.
Balkisu had approached the court through a fundamental rights enforcement suit filed against the Police Service Commission (PSC), the IGP, the Osun State Commissioner of Police, Sergeant Samuel, and the Attorney-General of the Federation (AGF). She sought a declaration that her husband’s killing on December 3, 2021, was unlawful, an order compelling the prosecution of the officer involved, and N2 billion in damages.
According to court documents, Babai was repairing a broken-down truck at Ota-Efun, Osogbo, when police officers arrived at the scene and became involved in a confrontation with occupants of the vehicle. During the altercation, one of the officers allegedly shot the co-driver in the hand.
The documents further stated that Babai emerged from beneath the truck to question the shooting, after which he was allegedly assaulted with a shovel, struck with the butt of a rifle, and shot in the chest by Sergeant Samuel. He died at the scene.
In his judgment, Justice Lifu held that the evidence before the court clearly established that the fourth respondent, Sergeant Samuel, unlawfully violated the deceased’s right to life. The court consequently declared the killing unconstitutional and ordered the IGP, the Osun State Commissioner of Police, and Sergeant Samuel to jointly pay N200 million in compensatory and exemplary damages for the unlawful killing and the trauma suffered by the deceased’s family.
However, the court declined the applicant’s request to compel the Attorney-General of the Federation to initiate criminal proceedings against the officer.
The suit was filed in August 2022 following reports that police authorities had indicted Sergeant Samuel over the killing but had yet to prosecute him.
