Justice Ibrahim Ahmad Kala of a Federal High Court, Lagos, has awarded a total sum of N100 million in damages against the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Lagos State, and two others over the death of a medical sales representative, Omokhinyema Okubo, while in police custody at police station at Ketu-Epe, Lagos.
Other affected by the orders are: Monday Awusinu, a Chief Superintendent of Police (CSP), Joseph Osakwe and Exus Pharmaceutical (Nig) Ltd, listed as third to fifth respondents in the suit.
Awarding the damages sum against the police authority, today, Justice Kala, in a judgment delivered today, held that the deceased’s fundamental right to life, guaranteed under Section 33(1) of the 1999 Constitution, was violated.
The retired Commissioner of Police, Okubo Aboye Odogu, through his lawyer, Augustine A. Abhulimen, had instituted the fundamental rights enforcement suit numbered FHC/L/CS/1246/2025 on behalf of his late son, against all the respondents, following the deceased arrest, detention and eventual death while in police custody in July 2023.
The retired Police Commissioner through his lawyer, had informed the court that his son, an employee of Exus Pharmaceutical (Nig.) Ltd, was invited to the company’s Lagos office over an alleged shortage in sales proceeds before being handed over to police officers.
He claimed the deceased was tortured, denied food and medical attention, and later died in custody.
Although only Exus Pharmaceutical (Nig.) Ltd and its manager, Joseph Osakwe through their lawyer, John D. Oloyede, who filed a preliminary objection challenging the CP’s Constitutional rights to institute the suit.
They also prayed the court to dismiss the suit against them.
However, the police authorities did not file any response and they were not represented to challenge the allegations while the matter lasted.
Ruling on the preliminary objection, Justice Kala, after legally weighed parties’ submissions, exhibits tendered and after citing plethoras of legal authorites, dismissed the respondents’ preliminary objections raised by the fifth and sixth respondents, holding that the applicant had the legal standing to institute the action on behalf of his deceased son under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The judge further held that the evidence before the court established that the deceased died while in police custody and that the respondents failed to justify the circumstances surrounding his death.
Justice Kala also faulted the pharmaceutical company and its manager’s action for involving the police in what the court described as a civil debt dispute rather than pursuing available contractual remedies against the deceased’s guarantor.
The judge held that the company and its manager played an active role in the arrest and detention of the deceased and could not escape liability as joint tortfeasors alongside the police authorities.
Justice Kala also criticised the police for failing to investigate the death, describing the absence of a proper murder investigation, coroner’s inquest or credible autopsy findings as a grave failure of constitutional and statutory duty.
The judge observed that while no monetary award could compensate for the loss of a human life, the damages were necessary to vindicate the constitutional right to life and hold the respondents accountable for the unlawful deprivation of the deceased’s life.
The judge consequently awarded N60 million against the Police Service Commission and the police authorities jointly, to be paid through the Police Service Commission, and N40 million against Exus Pharmaceutical (Nig.) Ltd and Joseph Osakwe jointly and severally.
