Justice Peter Lifu held that the fatal shooting of Babai by Sergeant Moses Samuel violated his fundamental right to life guaranteed under Section 33, 1, of the 1999 Constitution and Article 4 of the African Charter on Human and Peoples’ Rights.
The judge also directed the Inspector-General of Police and the Commissioner of Police, Osun State Command, to immediately commence the prosecution of the officer over the killing.
Babai’s widow, Balkisu had filed the fundamental rights enforcement suit against the Police Service Commission, the IGP, the Osun State Commissioner of Police, Sergeant Samuel and the Attorney-General of the Federation.
She sought, among other reliefs, a declaration that the killing of her husband on December 3, 2021, was unlawful, an order compelling the prosecution of the officer and N2bn in compensation.
According to court documents, Babai was repairing a broken-down truck at Ota-Efun, Osogbo, when police officers arrived and confronted the vehicle’s occupants.
The applicant stated that one of the officers shot the co-driver in the hand during the altercation.
Babai reportedly came out from beneath the truck to question the shooting but was allegedly beaten with a shovel, struck with the butt of a rifle and shot in the chest by Sergeant Samuel.
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He died at the scene.
Delivering judgment, Justice Lifu held that the applicant successfully established that the deceased’s constitutional right to life had been unlawfully violated by the conduct of the fourth respondent.
The court consequently declared the killing unconstitutional and awarded N200m as compensatory and exemplary damages against the IGP, the Commissioner of Police, Osun State Command, and Sergeant Samuel for the unlawful killing and the trauma suffered by the deceased’s family.
The court, however, declined the applicant’s request to compel the Attorney-General of the Federation to institute criminal proceedings against the police sergeant.
The suit followed claims that although police authorities indicted Sergeant Samuel after the incident, he was yet to face prosecution before the action was filed in August 2022.
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