Police sergeant to face murder charge over truck driver’s killing

A Federal High Court in Abuja has ordered the Inspector-General of Police and the Commissioner of Police, Osun State Command, to immediately commence the prosecution of a police sergeant, Moses Samuel, over the 2021 killing of a truck driver, Mallam Kabiru Babai.

The court, in a judgment delivered on Thursday by Justice Peter Lifu, also awarded N200m in damages to Babai’s widow, Balkisu.

The court held that the fatal shooting of Babai violated the deceased’s 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.

Babai’s widow had filed the fundamental rights enforcement suit against the Police Service Commission, the IGP, the Osun State Commissioner of Police, 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 widow stated that one of the officers shot the co-driver in the hand during the altercation.

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Babai reportedly emerged 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.

He died at the scene.

Delivering the judgment, Justice Lifu held that the applicant had successfully established that the deceased’s constitutional right to life was 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 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 Samuel after the incident, he had yet to face prosecution before the action was filed in August 2022.

Nathaniel Shaibu

Nathaniel Shaibu is a correspondent at The PUNCH with three years of professional journalism experience. He covers the Federal Capital Territory (FCT), civil society, religion, and the Ministries of Women Affairs and Youth Development. In addition to his primary beats, Nathaniel also reports on politics, metro, security, and judicial matters, bringing clarity and balance to a wide range of public-interest stories. His work reflects hands-on newsroom experience, strong beat knowledge, and a commitment to accurate, responsible journalism.