Court orders NDLEA to produce Baba Suwe

Baba Suwe

•Agency objects to actor’s N100 million suit

Justice Yetunde Idowu of the Lagos State High Court, Ikeja, yesterday ordered the National Drug Law Enforcement Agency (NDLEA) to produce comedian Mr Babatunde Omidina (also known as Baba Suwe) before her “physically” on November 1 by 9am.
Her order followed a Motion on Notice dated October 24. It was moved by Omidina’s counsel, Mr Bamidele Aturu, who led Mr Kunle Adegoke and others.
They sought an order directing the NDLEA to release the applicant from detention forthwith, pending the hearing and determination of the substantive suit.
In the alternative, they prayed for an order directing the respondent to produce Omidina in court on the next adjourned date.
Omidina has been in detention at the NDLEA’s facility since October 12 without trial.
Omidina’s first son Adesola, in an affidavit he swore to in support of the motion, said his father has been a diabetic patient for over five years and is in danger of death because he has not had access to his medical doctor.
He said: “My father told me when I visited him on October 24, 2011 at the detention centre at the airport at about 6pm that he did not ingest any narcotic substance, and I verily believe him.
“He also told me that he had so far defecated eight times without any banned substance in his excreta, though he ate thrice daily. It is in the interest of justice to grant this application.” 
NDLEA’s Director of Legal Services, Mr Femi Oloruntoba, did not oppose the application that Omidina be produced. He expressed concerns over the crowd that may accompany him to court that day.
“We are not opposing the application. The applicant is in good condition. We urge the court to make such consequential order as to avoid a breach of peace,” he said.
Justice Idowu granted the application.
Aturu asked for an adjournment to enable him file a further reply to NDLEA’s Counter Affidavit in opposition to Omidina’s N100 million fundamental rights enforcement suit.
In the suit, the actor  is praying the court for an order to release him immediately from “the unlawful detention” in which he said he is being held at the respondent’s pleasure.
The applicant asked for N100 million as compensation from the NDLEA for alleged illegal and unconstitutional violation of his fundamental rights, as well as a public apology from the NDLEA.
The Publicity Secretary of the Human and Environmental Development Agenda, Mr Kazeem Mohammed, said in affidavit on behalf of Omidina: “His children, dependants, relatives, friends and associates have been greatly worried and subjected to unnecessary trauma by the continued detention of their benefactor and associate who has been in detention for days without any lawful charge brought against him.” 
But the NDLEA, in its counter affidavit, said Omidina’s arrest and detention were within the purview of the law and the Constitution, so he does not deserve the N100 million compensation and apology he is asking for.
It prayed the court to dismiss the actor’s case as lacking in merit and being vexatious.
NDLEA said: “It is not in the interest of justice to grant this application, as it will prevent the respondent from having the opportunity to supervise the excretion of the drugs ingested by the applicant. It is in the interest of justice to dismiss this application.
“He is not entitled to any of the reliefs claimed, including the sum of N100,000,000.00 damages.”
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