Court Awards N100m Damages Against PSC, IGP, Exus Pharma Over Medical Rep Death

Justice Ibrahim Kala of the Federal High Court, Lagos Judicial Division, has awarded N100 million in damages against the Police Service Commission (PSC), the Inspector-General of Police (IGP), the Lagos State Commissioner of Police, CSP Monday Awusinu, Joseph Osakwe, and Exus Pharmaceutical (Nig) Ltd, for the violation of the fundamental right to life and death of a medical sales representative, Omokhinyema Okubo, in police custody.

Judgment was delivered in Suit No. FHC/L/CS/1246/2025 instituted by retired Commissioner of Police, Okubo Aboye Odogu, suing on behalf of his deceased son, through counsel, Augustine A. Abhulimen.

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 court heard that the deceased, a medical sales representative with Exus Pharmaceutical (Nig) Ltd, was invited to the company’s Lagos office over an alleged shortage in sales proceeds. He was thereafter handed over to 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 Exus Pharmaceutical and its manager, Joseph Osakwe, through counsel John D. Oloyede, filed a preliminary objection challenging the applicant’s locus standi. The police defendants did not file any process and were not represented.

In dismissing the objection, Justice Kala held that the father had standing to institute the action pursuant to 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.

… Court Awards N100m Damages Against PSC, IGP, Exus Pharma Over Medical Rep Death … Naijaonpoint.