Court Holds Police, Firm Liable For Ex-CP’s Son’s Death, Awards N100m Cost

The Federal High Court in Lagos has ordered the Police and Exus Pharmaceutical (Nig.) Limited to pay N100 million as damages in connection with the death of the son of retired Commissioner of Police, Omokhinyema Okubo, while in police custody.

Justice Ibrahim Ahmad Kala, in a judgment delivered on Monday, held that the deceased’s fundamental right to life, as protected under Section 33(1) of the 1999 Constitution, was infringed upon.

The court awarded N60 million jointly against the Police Service Commission (PSC), the Inspector-General of Police (IGP), and the Lagos State Commissioner of Police, while Exus Pharmaceutical (Nig.) Ltd and its manager, Joseph Osakwe, were ordered to pay N40 million jointly and severally.

The judge gave the verdict following a fundamental rights enforcement suit filed by the retired Commissioner of Police, Okubo Odogu, through his lawyer, Augustine Abhulimen, representing his late son.

The suit, numbered FHC/L/CS/1246/2025, stemmed from the arrest, detention, and subsequent death of the deceased at a police station in Ketu-Epe, Lagos, in July 2023.

Other respondents in the suit are Monday Awusinu, a Chief Superintendent of Police, and Joseph Osakwe, the company’s manager.

According to the applicant, his son, employed by Exus Pharmaceutical, was summoned to the company’s Lagos office over an alleged shortage of sales proceeds before being handed over to the police.

He alleged the deceased was tortured, denied food and medical attention, and later died in police custody.

Represented by their lawyer, John D. Oloyede, the company and Osakwe filed a preliminary objection challenging the retired CP’s legal standing and urged the court to dismiss the case.

The police authorities, however, did not respond or appear during proceedings.

In his ruling, Justice Kala dismissed the preliminary objections, affirming that the applicant had the legal standing to act on behalf of his son under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

The judge noted that the evidence proved the deceased died in police custody, and the respondents failed to give a satisfactory explanation for his death.

Justice Kala criticised the pharmaceutical company and its manager for involving the police in a civil debt matter instead of pursuing contractual remedies against the deceased’s guarantor.

He stated that the company and Osakwe actively participated in the arrest and detention, and could be held liable as joint tortfeasors along with the police.

Furthermore, the court condemned police authorities for neglecting proper investigation into the death.

Justice Kala pointed out the lack of a credible murder investigation, coroner’s inquest, or autopsy reports, describing this as a serious breach of constitutional and statutory duties.

While recognising that no amount of money can fully compensate for the loss of a human life, the court decided that the damages were necessary to uphold the deceased’s constitutional right to life and to hold the responsible parties accountable.