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| NDLEA |
By: Akinwale Akintunde
The Court of Appeal, Lagos Division, Friday, set aside the
judgment of Justice Yetunde Idowu of an Ikeja High Court, which awarded N25
million compensation to comic actor, Babatunde Omidina, aka Baba Suwe, after he
was detained by the National Drug Law Enforcement Agency (NDLEA) for allegedly
carrying narcotic substances in 2011.
The appellate court in its judgment delivered by Justice
Rita Pemu described the N25 million compensation as baseless and pervasive and
held that the lower court lacked the jurisdiction to preside over the
fundamental human rights suit filed by Baba Suwe’s lawyer, Bamidele Aturu, in
October 24, 2011.
Justice Pemu said it was only the Federal High Court that
has the right to adjudicate on the matter more especially when it is a drug-related
matter, adding that the NDLEA has the prerogative to keep the respondent in
custody, while investigation was being carried out.
According to the judge, the NDLEA had good reasons to detain
the comedian, adding that the N25 million compensation was uncalled for.
"The constitution stipulates the right to personal
liberty. The result of the scan carried out on the respondent were in
consonance with the appellant's suspicion.
"The appellant took note of the respondent's rights and
that was why it applied for an extension of time to keep the respondent in
custody which the Federal High Court presided over by retired Justice Okeke
rightly granted.
The detention of the respondent is therefore not
unreasonable," Justice Pemu held.
Justice Yetunde Idowu of an Ikeja High Court, Lagos in her
judgment delivered on November 24, 2011, had ordered the agency to pay Baba
Suwe N25 million for detention on suspicion of drug ingestion, as well as
mandated the NDLEA to tender public apology to the actor through two national
newspapers.
Baba Suwe was arrested by the NDLEA operatives at the
Murtala Muhammed International Airport, Lagos, on October 12, 2011, on his way
to Paris, France and was detained by the agency initially for three days during
which period he defecated but no drug was found in his faeces.
The NDLEA, through its Director of Prosecution and Legal
services, Mr. Femi Oloruntoba had earlier applied to the court for an order of
Stay of Execution on her judgment delivered on November 24, 2011 pending the determination
of the Appeal filed by the agency on December 6, 2011 against the judgment.
The agency, while moving the application before the court,
then argued that the agency will be prevented from performing its statutory
functions as well prosecute the appeal if it is made to pay the judgment sum of
N25 million as it is half of its monthly available resources.
Oloruntoba contended that keeping Omidina in custody between
October 12 and 21, 2011, on the suspicion of drug ingestion, did not violate
his rights.
Reacting to the judgment, Baba Suwe's counsel, Bamide Aturu
dismissed the NDLEA's appeal, even as he insisted that the exhibits relied on
by the agency were legally worthless.
Aturu said the NDLEA misapplied Section 35(1)(c) of the
constitution, adding that the law did
not empower the agency to keep Omidina or any other Nigerian citizen in custody
indefinitely based on a "mere reasonable suspicion" of having
committed a crime.
"The appellant seems to be confused over Section
35(1)(c) of the Constitution. They relied on mere reasonable suspicion. You
cannot hold somebody indefinitely without charging the person to court,"
Aturu added.
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