A Federal High Court in Abuja has awarded N200m in damages to the widow of a truck driver killed by a police sergeant in Osun State in 2021.
Justice Peter Lifu ruled that the killing of Kabiru Babai by Sergeant Moses Samuel amounted to a violation of his constitutional right to life, as protected under Section 33(1) of the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
The court also ordered the Inspector-General of Police and the Osun State Commissioner of Police to commence prosecution of the officer involved.
The deceased’s widow, Balkisu, had approached the court through a fundamental rights suit against the Police Service Commission, the IGP, the Osun Commissioner of Police, the officer involved, and the Attorney-General of the Federation.
She had asked the court to declare the killing unlawful, compel criminal prosecution, and award N2bn in compensation.
Court filings showed that Babai was repairing a faulty truck in Osogbo when police officers arrived at the scene and an altercation ensued.
During the incident, a co-driver was reportedly shot in the hand, while Babai was later beaten and fatally shot after confronting the officers.
Justice Lifu held that the evidence proved a clear breach of the deceased’s right to life, rendering the killing unconstitutional.
The court therefore granted N200m in damages against the police authorities and the officer for the unlawful killing and the emotional suffering caused to the family.
However, it declined the request to order the Attorney-General of the Federation to initiate prosecution.