Court Awards Widow ₦200m Over Police Killing of Husband, Orders Officer's Prosecution

The Federal High Court in Abuja has awarded ₦200 million in damages to the widow of Mallam Kabiru Babai, a truck driver and Islamic cleric who was allegedly killed by a police officer in Osun State in 2021.

The court also directed the Police Service Commission (PSC), the Inspector-General of Police (IGP) and the Commissioner of Police, Osun State Command, to immediately commence the prosecution of Sgt. Moses Samuel, the officer accused of fatally shooting Babai.

Justice Peter Lifu delivered the judgment on July 2, 2026, in Suit No. FHC/ABJ/CS/1292/2022, holding that the applicant, Balkisu Kabiru Babai, had established that her husband's constitutional right to life was unlawfully violated.

The judge ruled that the killing breached Section 33(1) of the 1999 Constitution (as amended) as well as Article 4 of the African Charter on Human and Peoples' Rights.

According to court documents, Babai, who was described as a truck driver, imam, philanthropist and the family's breadwinner, was repairing a mechanical fault on his truck at Ota-Efun, Osogbo, at about 5 p.m on December 3, 2021, when police officers arrived at the scene.

The suit stated that one of the officers first shot Babai's co-driver, Harisu Musa, in the hand.

It further alleged that when Babai emerged from beneath the truck to question why his colleague had been shot, he was assaulted by the officers.

According to the applicant, one officer allegedly struck him with a shovel and kicked him repeatedly before Sgt. Moses Samuel hit him with the butt of his rifle and shot him in the chest.

Babai reportedly died instantly after the bullet penetrated his heart.

The court heard that the officers fled the scene after the shooting, but one of them was apprehended by bystanders and taken, together with Babai's body, to the police command.

His remains were later deposited at the morgue of the Osun State University Teaching Hospital (UNIOSUNTH) Osogbo, before being released for burial in Bauchi State.

The applicant told the court that although an internal police investigation allegedly indicted Sgt. Samuel, he had not been prosecuted at the time the suit was filed.

The fundamental rights enforcement suit was filed on August 3, 2022, by lawyer Okpi Bernard Adaafu on behalf of the widow following a brief from the Muslim Community of Gwarimpa Estate, Abuja.

The respondents in the suit were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Sgt. Moses Samuel and the Attorney-General of the Federation (AGF).

The widow sought ₦2 billion in damages, alongside several declaratory and consequential reliefs.

During the proceedings, the Attorney-General of the Federation challenged the jurisdiction of the Abuja Division of the Federal High Court and argued that the AGF was not a necessary party to the suit.

The Inspector-General of Police and the Commissioner of Police also argued that Sgt. Samuel acted outside the scope of his official duties.

However, the applicant's counsel maintained that the officer was on official duty when the incident occurred and argued that the matter was properly brought under the Fundamental Rights (Enforcement Procedure) Rules.

In his judgment, Justice Lifu declared the killing unlawful and held that Babai's constitutional right to life had been violated.

The court ordered the Police Service Commission, the Inspector-General of Police and the Commissioner of Police in Osun State to immediately commence criminal prosecution against Sgt. Samuel.

Justice Lifu further awarded ₦200 million against the Inspector-General of Police, the Commissioner of Police and Sgt. Samuel as compensation and exemplary damages for the unlawful killing, as well as for the emotional trauma, loss of companionship and psychological suffering experienced by Babai's widow and children.

The court, however, declined the request seeking an order compelling the Attorney-General of the Federation to initiate criminal proceedings against the police officer.