A Federal High Court in 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, a Chief Superintendent of Police (CSP), and a pharmaceutical company over the death of medical sales representative, Omokhinyema Okubo, while in police custody.

Justice Ibrahim Ahmad Kala held that Okubo’s fundamental right to life, as guaranteed under Section 33(1) of the 1999 Constitution, was violated following his arrest, detention and eventual death at the Ketu-Epe Police Station in Lagos.

The court also found Monday Awusinu, a CSP, Joseph Osakwe, and Exus Pharmaceutical (Nig.) Ltd liable in the suit.

The fundamental rights enforcement action, marked FHC/L/CS/1246/2025, was filed by retired Commissioner of Police Okubo Aboye Odogu through his counsel, Augustine A. Abhulimen, on behalf of his late son.

The applicant told the court that the deceased, an employee of Exus Pharmaceutical (Nig.) Ltd, was invited to the company’s Lagos office in July 2023 over an alleged shortfall in sales proceeds before being handed over to police officers.

According to the suit, Okubo was tortured, denied food and medical attention while in detention, and later died in police custody.

During the proceedings, only Exus Pharmaceutical (Nig.) Ltd and its manager, Joseph Osakwe, represented by counsel John D. Oloyede, filed a preliminary objection challenging the retired police commissioner’s legal standing to institute the suit. They also urged the court to dismiss the claims against them.

The police authorities, however, neither filed a defence nor appeared in court to challenge the allegations throughout the proceedings.

In dismissing the preliminary objection, Justice Kala held 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 ruled that the evidence before the court clearly established that the deceased died while in police custody and that the respondents failed to provide any lawful explanation for the circumstances surrounding his death.

Justice Kala further faulted Exus Pharmaceutical and its manager for involving the police in what he described as a civil debt dispute instead of pursuing available contractual remedies against the deceased or his guarantor.

According to the court, the company and its manager actively participated in the arrest and detention of the deceased and were therefore jointly liable with the police authorities for the violation of his constitutional rights.

The judge also criticised the police for failing to investigate the death, describing the absence of a murder investigation, coroner’s inquest or credible autopsy findings as a serious breach of their constitutional and statutory responsibilities.

While acknowledging that no amount of money could compensate for the loss of a human life, Justice Kala held that the damages were necessary to vindicate the deceased’s constitutional right to life and ensure accountability.

Consequently, the court awarded N60 million in damages jointly against the PSC and the police authorities, payable through the Police Service Commission, and N40 million jointly and severally against Exus Pharmaceutical (Nig.) Ltd and Joseph Osakwe.