Court awards N200m to widow of truck driver killed by police officer

The Federal High Court in Abuja on Thursday awarded N200 million to the widow of a truck driver, Kabiru Babai. He was unlawfully killed by a police sergeant in Osun State in 2021.

Justice Peter Lifu said that the shooting of Babai by Sergeant Moses Samuel broke his fundamental right to life. This right is protected under Section 33(1) of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples’ Rights.

The judge also ordered the Inspector-General of Police and the Commissioner of Police in Osun State to start prosecuting the officer for the killing.

Balkisu, Babai’s widow, filed a suit to enforce her husband’s rights against the Police Service Commission, the IGP, the Osun State Commissioner of Police, Sergeant Samuel, and the Attorney-General of the Federation. She asked for a ruling that the killing of her husband on December 3, 2021, was unlawful. She also wanted the court to order the prosecution of the officer and for N2 billion in compensation.

Court documents showed that Babai was fixing a broken-down truck at Ota-Efun, Osogbo, when police officers showed up and confronted the people in the vehicle. The applicant said one of the officers shot the co-driver in the hand during the argument.

Babai came out from under the truck to ask about the shooting. He was then beaten with a shovel, hit with a rifle butt, and shot in the chest by Sergeant Samuel. He died on the spot.

In his judgment, Justice Lifu said that the applicant proved that Babai’s right to life was violated by the actions of the fourth respondent. The court ruled that the killing was unconstitutional and awarded N200 million as damages against the IGP, the Osun State Commissioner of Police, and Sergeant Samuel for the unlawful killing and the pain caused to the family.

However, the court turned down the request to force the Attorney-General of the Federation to start criminal proceedings against the police sergeant. The suit followed claims that even though police authorities found Sergeant Samuel guilty after the incident, he had not been prosecuted before the suit was filed in August 2022.