Baba Suwe Loses N25Million Compensation From NDLEA

Ace comedian, Babatunde Omidina, aka Baba Suwe yesterday lost the N25 million damages awarded to him by a Lagos High court over his detention by the National Drug Law Enforcement Agency (NDLEA), as the Court of Appeal, Lagos, set aside the judgment.
Justice Yetunde Idowu of a Lagos High Court had ordered NDLEA to pay N25 million to Baba Suwe as compensation for detaining him for several days over allegations of drug trafficking.
But NDLEA had, in its appeal, asked the court to allow the appeal and set aside the judgment of the lower court. However, the appellate court in its judgment, delivered by Justice Rita Pemu, considered all the three vital grounds of appeal in favour of the appellant (NDLEA).
Justice Pemu, in her lead judgment, which was unanimously adopted by two other justices, namely Justice C.C. Nwaze and Justice F O Akinbami, described the N25 million damages awarded to Baba Suwe as erroneous, oppressive and superfluous.

Justice Pemu held that even though the trial judge had discretion to award costs in a fundamental human rights suit, such award of damages must be based on law and not arbitrary.
Besides, the appellant court held that the lower court judge erred in law when it ordered NDLEA to pay Baba Suwe N25 million as compensation and that the appellant should publish a public apology in two widely read national newspapers. “Damages must be based on law, even though it is at the discretion of the trial judge.
The award of N25 million to the respondent was based on wrong premises and it is uncalled for,” Justice Pemu held. She further held that no evidence was placed before the court to warrant such outrageous award, adding that the court ought not to have overburden NDLEA with such award of damages.
On whether NDLEA had reasonable reasons to detain Baba Suwe from the day of his arrest (October 12, 2011), till October 21, 2011 when the Federal High Court order to detain him was obtained, Justice Pemu held that the Agency was justified to do so.
She added that the appellant placed before the lower court documentary evidence and exhibits, being results of various scans conducted on Baba Suwe, which justified his detention for several days over allegations of drug trafficking.
Justice Pemu held that “The NDLEA has the prerogative to conduct investigation and tests on the respondent. I am of the opinion that it was wrong for the lower court to hold that NDLEA has violated and infringed on the fundamental human rights of the respondent.”
On whether the Lagos State High Court has jurisdiction to entertain the suit filed by the respondent (Baba Suwe), Justice Pemu held that based on the pleadings before the trial judge, it is the Federal High Court that has legitimate jurisdiction to entertain the suit and not the State High Court. However, Bamidele Aturu, lawyer to Baba Suwe has vowed to challenge the decision of the court at the Supreme Court.
He told the court that while he appreciated the industry and time spent by the court to deliver the judgement, he would appeal against the verdict because the rights of Nigerians were involved.
NDLEA had in its 8-page Notice of Appeal, signed by Femi Oloruntoba, stated that the trial judge erred in law when she held that NDLEA was not justified in detaining Baba Suwe from the day of his arrest (October 12, 2011) till October 21, 2011 when the Federal High Court order to detain him was obtained.
The appellant further stated that the trial judge erred in law and misdirected herself on facts when she held that the act of the NDLEA in detaining Baba Suwe for nine days are a flagrant abuse and infringement of his fundamental human rights.
Besides, the appellant argued that the lower court erred in law when it ordered it (NDLEA) to pay the applicant (Baba Suwe) N25 million as compensation and publish a public apology in two widely read national newspapers.
Justice Idowu had ordered the agency to pay Babatunde Omidina the sum of 25 million Naira as compensation for detaining him for several days over allegations of drug trafficking.
Dissatisfied with the court judgment, the agency in December last year filed a motion for stay of execution of the entire verdict.
It will be recalled that NDLEA arrested Baba Suwe on October 12, 2011 at the Muritala Mohammed International Airport on his way to Paris, France and detained him over suspicion of narcotic ingestion.
He was, however, detained beyond the constitutional provision of 24 hours without being formally arraigned in court. The comedian eventually headed to court.