A Federal High Court in Abuja has ordered the Nigeria Police Force to immediately prosecute Sergeant Moses Samuel and pay ₦200 million in damages over the unlawful killing of Mallam Kabiru Babai, a truck driver, Islamic cleric, and philanthropist who was fatally shot in Osun State in December 2021.

Delivering judgment, Justice Peter Lifu held that Babai’s killing violated his 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 also directed the Inspector-General of Police and the Commissioner of Police, Osun State Command to immediately commence criminal prosecution against Sergeant Samuel.

The suit was filed by Babai’s widow, Balkisu Kabiru Babai, who argued that her husband was unlawfully killed on December 3, 2021, while attempting to repair a broken-down truck in Osogbo. According to the court filings, police officers allegedly arrived at the scene, shot the co-driver during an altercation, and subsequently assaulted and shot Babai in the chest after he questioned their actions. He died instantly from the gunshot wound.

The court heard that although an internal police investigation reportedly indicted Sergeant Samuel, he was never prosecuted. Justice Lifu ruled that the evidence established a clear violation of Babai’s constitutional rights and that his widow and children deserved compensation for the devastating loss and trauma they suffered.

While declining to compel the Attorney-General of the Federation to prosecute the officer, the court held that the responsibility rests with the police authorities and ordered them to immediately begin criminal proceedings against Sergeant Samuel.

The court consequently awarded ₦200 million in compensatory and exemplary damages against the Inspector-General of Police, the Commissioner of Police, Osun State, and Sergeant Moses Samuel, describing the award as fair compensation for the unlawful killing and the pain inflicted on the victim’s family.