The Federal High Court sitting in Lagos has awarded ₦100 million in damages against the Police Service Commission, the Inspector-General of Police, the Lagos State Commissioner of Police and others over the death of a medical sales representative, Omokhinyema Okubo, in police custody.
Delivering judgment in the suit marked FHC/L/CS/1246/2025, Justice Ibrahim Kala held that the deceased’s fundamental right to life, guaranteed under Section 33(1) of the 1999 Constitution, was grossly violated.
The court also found CSP Monday Awusinu, Joseph Osakwe, and Exus Pharmaceutical (Nig.) Ltd liable as joint tortfeasors in connection with the circumstances that led to Okubo’s death.
The suit was instituted by the deceased’s father, Okubo Aboye Odogu, a retired Commissioner of Police, on behalf of his late son through his counsel, Augustine A. Abhulimen.
The applicant told the court that his son, who was an employee of Exus Pharmaceutical (Nig.) Ltd, was invited to the company’s Lagos office over an alleged shortage in sales proceeds before he was handed over to police officers at Ketu-Epe Police Station, Lagos.
He alleged that the deceased was tortured, denied food and medical attention, and later died in police custody in July 2023.
Only Exus Pharmaceutical and its manager, Joseph Osakwe, through their counsel, John D. Oloyede, challenged the suit by filing a preliminary objection in which they questioned the father’s legal standing to bring the action.
The police respondents did not file any defence and were not represented throughout the proceedings.
In his ruling, Justice Kala dismissed the preliminary objection and held that the deceased’s father had the legal standing to institute the action on behalf of his late son under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The judge held that the evidence before the court established that Okubo died while in police custody and that the respondents failed to justify the circumstances surrounding his death.
Justice Kala faulted Exus Pharmaceutical and its manager for turning what he described as a civil debt dispute into a criminal matter, instead of pursuing available contractual remedies against the deceased or his guarantor.
The court also berated the police for failing to conduct a proper murder investigation, coroner’s inquest or credible autopsy after the death, describing the failure as a grave breach of constitutional and statutory duty.
Justice Kala noted that although no amount of money could compensate for the loss of life, the award of damages was necessary to vindicate the deceased’s right to life and hold the respondents accountable.
The court consequently ordered the Police Service Commission and the police authorities to jointly pay ₦60 million through the PSC, while Exus Pharmaceutical (Nig.) Ltd and Joseph Osakwe were ordered to jointly and severally pay ₦40 million.
The judgment brings to a close the fundamental rights action filed by the deceased’s father over the death of his son in police custody.
