Court awards widow ₦200 million over truck driver’s killing, orders prosecution of police officer

The Federal High Court in Abuja has awarded ₦200 million in damages to the widow of a truck driver, Kabiru Babai, who was unlawfully killed by a police sergeant in Osun State in 2021.

Delivering judgment, Justice Peter Lifu ruled that the fatal shooting of Babai violated his constitutional right to life as guaranteed under the 1999 Constitution and the African Charter on Human and Peoples’ Rights. The court described the killing as unlawful and ordered the Inspector General of Police and the Commissioner of Police in Osun State to immediately begin the prosecution of the officer involved.

The deceased’s widow, Balkisu Babai, had approached the court seeking justice over the death of her husband. She asked the court to declare the killing unlawful, compel the prosecution of the police officer responsible, and award ₦2 billion as compensation for the loss suffered by her family.

Court records revealed that the incident occurred on December 3, 2021, at Ota Efun in Osogbo, Osun State, where Kabiru Babai was repairing a broken down truck. During an encounter between police officers and the truck occupants, one officer allegedly shot the co driver in the hand. Babai reportedly came out from beneath the truck to question the action but was allegedly beaten with a shovel, struck with the butt of a rifle, and shot in the chest by Sergeant Moses Samuel. He died at the scene.

Justice Lifu held that the evidence before the court clearly established that the deceased’s right to life had been unlawfully violated. The court therefore awarded ₦200 million as compensatory and exemplary damages against the Inspector General of Police, the Commissioner of Police, Osun State Command, and Sergeant Moses Samuel for the unlawful killing and the emotional trauma suffered by the family.

Although the court declined the request to compel the Attorney General of the Federation to initiate criminal proceedings against the officer, it directed the police authorities to ensure that Sergeant Samuel is prosecuted without further delay.

The judgment has been welcomed as a significant affirmation of the sanctity of human life and the responsibility of law enforcement officers to operate within the limits of the law. It also reinforces the principle that victims of human rights violations and their families are entitled to justice and appropriate compensation.