A Federal High Court in Abuja has awarded ₦200 million in damages to the widow of a truck driver who was unlawfully killed by a police officer in Osun State, in a landmark judgment that also ordered the immediate prosecution of the officer responsible for the fatal shooting.
Delivering judgment, Justice Peter Lifu held that the killing of Kabiru Babai by Police Sergeant Moses Samuel amounted to a violation of the deceased’s 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 ruled that the actions of the officer were unlawful and directed the Inspector General of Police and the Commissioner of Police in Osun State to commence criminal prosecution against the sergeant without delay.
The suit was instituted by the deceased’s widow, Balkisu Babai, who sought justice over the death of her husband, an Islamic cleric, philanthropist and family breadwinner. She had asked the court to declare the killing illegal, compel the prosecution of the police officer involved and award ₦2 billion in compensation for the violation of her husband’s rights and the emotional and psychological trauma suffered by the family...READ THE FULL ARTICLE HERE .
Court documents revealed that the incident occurred on December 3, 2021, in Osogbo, Osun State, after Babai’s truck developed a mechanical fault. While he was repairing the vehicle, police officers reportedly arrived at the scene and confronted the occupants. During the encounter, one officer allegedly shot the co-driver before Babai emerged to question the action. He was then reportedly assaulted and fatally shot in the chest by Sergeant Samuel, who allegedly fled the scene alongside other officers after the incident.
In its judgment, the court awarded ₦200 million as compensation and exemplary damages to the widow and her children for the unlawful killing, the loss of companionship and the psychological suffering they endured. However, the court declined the request seeking to compel the Attorney General of the Federation to institute criminal proceedings, maintaining that the responsibility for prosecuting the officer rests with the appropriate police authorities.
The judgment has been welcomed by many legal observers and human rights advocates as a significant step in the fight against police brutality and extrajudicial killings in Nigeria. It reinforces the principle that security personnel must be held accountable for unlawful actions while offering a measure of justice to families whose loved ones have lost their lives through abuses of power.
