Femi Ashekun/
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 and two other defendants over the death of a medical sales representative, Omokhinyema Okubo, while in police custody.
In a judgment delivered by Justice Ibrahim Ahmad Kala, the court held that the deceased’s fundamental right to life, guaranteed under Section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), was violated following his arrest, detention and eventual death at Ketu-Epe Police Station in July 2023.
The court awarded N60 million jointly against the Police Service Commission and the police authorities, while a further N40 million was awarded jointly and severally against Exus Pharmaceutical (Nig.) Ltd and one of its officials, Joseph Osakwe.
The suit (No. FHC/L/CS/1246/2025) was instituted by retired Commissioner of Police Okubo Aboye Odogu through his counsel, Augustine A. Abhulimen, on behalf of his late son.
According to the applicant, the deceased, who worked as a medical sales representative for Exus Pharmaceutical, was invited to the company’s Lagos office over an alleged shortfall in sales proceeds before being handed over to police officers.
The suit alleged that he was detained, subjected to torture, denied food and medical attention, and subsequently died while in police custody.
Although Exus Pharmaceutical and Osakwe, represented by John D. Oloyede, challenged the suit by filing a preliminary objection questioning the applicant’s legal standing, the police authorities neither filed any defence nor appeared throughout the proceedings to contest the allegations.
Justice Kala dismissed the preliminary objection, holding that the applicant was entitled to institute the action under the Fundamental Rights (Enforcement Procedure) Rules, 2009 on behalf of his deceased son.
The judge further held that the evidence before the court established that the deceased died in police custody and that the respondents failed to provide any lawful explanation for the circumstances surrounding his death.
A significant aspect of the judgment was the court’s finding that the events leading to the arrest stemmed from an alleged employment-related financial dispute.
Justice Kala held that instead of pursuing contractual or other lawful civil remedies available under the law, the company enlisted the police, thereby contributing directly to the arrest and detention of the deceased.
The court consequently held the company and its official jointly liable alongside the police authorities.
The court also criticised the handling of the death after it occurred, observing that there was no evidence of a proper criminal investigation, no coroner’s inquest and no credible autopsy capable of explaining how the deceased died while in state custody.
Justice Kala described those omissions as a serious failure to discharge constitutional and statutory obligations.
While noting that no monetary compensation could restore a lost life, the judge held that the award of damages was necessary to vindicate the constitutional right to life and to provide an effective remedy for its unlawful violation.
The judgment is one of several recent court decisions reaffirming that the police should not be used to enforce contractual obligations or recover debts arising from civil transactions.
Nigerian appellate courts have consistently held that disputes which are essentially civil should ordinarily be resolved through the courts unless there is credible evidence of a criminal offence.
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