Court orders police to charge officer over imam's death, awards N200 million to family

The Federal High Court in Abuja has ordered the prosecution of a police officer for the killing of Kabiru Babai, an imam and truck driver. He was reportedly shot during a police operation in Osun State.

Police sergeant Moses Samuel allegedly killed Mr Babai on December 3, 2021, at Ota-Efun in Osogbo, Osun State.

On Thursday, more than four years after the incident, Judge Peter Lifu awarded N200 million in damages against the Inspector-General of Police, the Commissioner of Police, the Osun State Command, and Mr Samuel. The judge found that the killing violated Mr Babai’s constitutional right to life.

The judge made the ruling in a case brought by the victim’s widow, Balkisu Kabiru Babai. She sought accountability and compensation for the killing.

The judge stated that the evidence presented showed the applicant proved her case. "The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent," Judge Lifu stated.

He added that the widow was entitled to compensation. "The gravity of the violation and its devastating consequences on the widow and children must be taken into account," the judge said.

The court, however, did not grant the request to force the Attorney-General of the Federation to start criminal proceedings against Mr Samuel. Still, the court ordered the Inspector-General of Police, the Police Service Commission, and the Commissioner of Police in Osun State to begin the prosecution of the officer.

The court also ruled that responsibility in cases of fundamental rights violations could extend to supervisory bodies when state agents act during official duties. Judge Lifu declared the killing unlawful and a breach of Mr Babai’s constitutional right to life.

Court documents, affidavits, and exhibits showed that Mr Babai worked as a truck driver and borehole drilling operator before his death in December 2021.

In her affidavit, Mrs Babai explained that they were traveling when their truck broke down in the Ota-Efun area of Osogbo. She said police officers arrived and argued with the driver. According to her, the officers shot the co-driver, Harisu Musa, in the hand during the argument.

She said her husband came out from under the truck after hearing the gunshot and questioned the officers. She alleged that an unknown officer hit him with a shovel and kicked him multiple times before Mr Samuel shot him in the left side of his chest.

She stated that the bullet pierced her husband’s heart and he died immediately. Mrs Babai also said the officers fled, but bystanders caught one officer and took him, along with Mr Babai’s body, to the Osun State Police Command.

Mrs Babai mentioned that her husband’s body was later taken to the mortuary at the UNIOSUN Teaching Hospital in Osogbo before being buried in Bauchi State. She also said that the killing led to protests by truck drivers and residents who demanded justice.

Mrs Babai stated that she was nine months pregnant when her husband was killed and gave birth eight days later. She said Mr Samuel’s family gave her family N50,000 for burial prayers. But she added that neither the officer nor the police provided any other support or ensured his prosecution.

The widow alleged that the Nigeria Police Force was "not serious in prosecuting Sgt Moses Samuel because he was its agent." Exhibit OBA 5 attached to her affidavit showed that the then Osun Commissioner of Police, Olawale Olokode, announced that Mr Samuel was arrested and detained for investigation.

The exhibit also said that disciplinary proceedings started and promised to arraign the suspect after the Orderly Room Trial.

Mrs Babai, through her lawyer, Okpi Adaafu, filed the suit on August 3, 2022, about eight months after the event in December 2021. Among other requests, she asked the court to declare that the killing breached her husband’s fundamental right to life and to compel both the police and the Attorney-General to prosecute the officer. She also sought N2 billion in compensation.

Court records showed that there were delays in proceedings after the applicant had problems serving the Commissioner of Police, Osun State Command, and Mr Samuel, who were sued along with the Inspector-General of Police.

On January 17, 2023, Judge Ahmed Mohammed, now a Justice of the Court of Appeal, allowed for substituted service through the Inspector-General of Police's office. The Attorney-General of the Federation, also a defendant in the suit, challenged the legal action, claiming the Federal High Court in Abuja did not have the right to hear it and that he was "not a necessary party." He also argued that the police were the right authority to prosecute the officer.

Mr Adaafu opposed this and relied on the Fundamental Rights (Enforcement Procedure) Rules and Section 174 of the Constitution. The Inspector-General of Police and the Commissioner of Police denied responsibility, arguing that Mr Samuel acted "outside the scope of his official duties."

But Mr Adaafu argued that the officer acted during an official operation and that the police authorities should be held responsible. Judge Lifu eventually agreed that the applicant had shown a violation of Mr Babai’s constitutional right to life and "entered the judgement accordingly."

While excusing the Attorney-General of the Federation from any responsibility, the judge ordered police authorities to prosecute Mr Samuel. The judge also ordered N200 million to be paid to the victim’s widow as compensation.