Court awards N100m damages against police, firm over death of medical rep in custody

Justice Ibrahim Kala of the Federal High Court, Lagos, has awarded N100 million in damages against the Police Service Commission (PSC), the Inspector-General of Police (IGP), the Lagos State Commissioner of Police and two others over the death of a medical sales representative, Omokhinyema Okubo, in police custody.

The court also found Chief Superintendent of Police (CSP) Monday Awusinu, Joseph Osakwe, and Exus Pharmaceutical (Nig) Ltd liable as joint tortfeasors in the suit marked FHC/L/CS/1246/2025.

Justice Kala, who decided while delivering judgment, held that the deceased’s fundamental right to life guaranteed under Section 33(1) of the 1999 Constitution (as amended) was grossly violated.

The suit was instituted by a retired Commissioner of Police, Okubo Aboye Odogu, on behalf of his late son through his counsel, Augustine A. Abhulimen.

The court was told that the deceased, an employee of Exus Pharmaceutical (Nig.) Ltd, was invited to the company’s Lagos office over alleged shortage in sales proceeds before he was handed over to police officers at Ketu-Epe Police Station, Lagos.

The applicant alleged that his son was tortured, denied food and medical attention, and subsequently died in custody in July 2023.

Only the pharmaceutical company and its manager, Joseph Osakwe, through their counsel, John D. Oloyede, challenged the suit with a preliminary objection questioning the father’s locus standi.

The police did not file any defence and were not represented throughout the proceedings.

In his ruling, Justice Kala dismissed the preliminary objection, holding that the father had the legal standing to institute the action on behalf of his deceased son under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

The judge held that evidence before the court established that Okubo died while in police custody and the respondents failed to justify the circumstances surrounding his death.

Justice Kala faulted Exus Pharmaceutical and its manager for criminalising what he described as a civil debt dispute, instead of pursuing contractual remedies against the deceased’s guarantor.

The court also berated the police for failing to conduct a proper murder investigation, coroner’s inquest or credible autopsy, describing it as a grave failure of constitutional and statutory duty.

While noting that no amount of money could compensate for the loss of life, the judge said the award 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 to jointly pay N60 million through the PSC, while Exus Pharmaceutical (Nig) Ltd and Joseph Osakwe are to jointly and severally pay N40 million.