Court Verdict: Baba Suwe Gets N25m From NDLEA

An Ikeja High Court Judge, Justice Yetunde Idowu this morning ordered the National Drug Law Enforcement Agency, NDLEA to pay ace comedian, Babatunde Omidina, a.k.a. Baba Suwe the sum of N25 million for wrongful arrest and detention for 19 days over allegations that he concealed narcotic in his stomach.

Justice Idowu gave the order while ruling on the suit filed for the enforcement of Baba Suwe’s fundamental human rights filed by Lagos lawyer and rights activist, Bamidele Aturu.

The court held that NDLEA was not justified in detaining Baba Suwe from 12 to 21 October, 2011 when he obtained a Federal High Court order setting him free.

Justice Idowu described the action of the NDLEA as a gross abuse and flagrant disregard of Baba Suwe’s fundamental human rights.

She explained that there was no justifiable reason for the agency to detain Baba Suwe without charging him to court, adding that all the evidence tendered by NDLEA as gounds for detaining Baba Suwe ”are not reasonable or permitted by law.”

She said the action of the NDLEA as shown by exhibits before her caused great injury to the liberty, feelings and reputation of Baba Suwe.

Justice Idowu noted that where there is doubt as to whether a suspect has committed a crime or not, he should be released on bail instead of detaining him while investigation lasted.

She condemned the way and manner Baba Suwe was subjected to inhuman treatment based on mere suspicion.

She subsequently ordered the NDLEA to pay Baba Suwe N25 million with a public apology which must be published in two national dailies.

Immediately after the judgment, Baba Suwe and hundreds of his supporters went into wild jubilation outside the court.

Speaking with newsmen, Baba Suwe expressed gratitude to God and the court for ensuring that justice prevailed.

NDLEA counsel, Mrs. T.E. Asuquo did not make any comment on the judgment.

Baba Suwe was arrested in the night of Wednesday 12 October at the Murtala Muhammed International Airport in Lagos, southwest Nigeria, as he was about boarding an Air France flight to Paris, France.

He was detained after strange particles packed like hard drugs were detected in his stomach by the United States-donated scanning machine known as Soter RS.

The actor denied the allegations and threatened to sue NDLEA.

The NDLEA maintained that it will be vindicated when the actor’s wastes are analysed.

For two days, millions held their breath, expecting the first exhibit from the comedian’s wastes. Such wastes are usually tested by the NDLEA to exonerate or incriminate detained drug suspects after analysis.

But when the waste finally arrived in the night of 14 October, it bore no hint of drug ingestion. Public interest rose. Another round of excretion yielded nothing. The third excretion was thus eagerly awaited, especially after Femi Ajayi, NDLEA Director-General, said in a television interview that suspects are usually released after a third excretion tests negative to drug ingestion.

On Monday night, the comedian produced the third waste sample, which also yielded nothing incriminating. Then began strident public clamour for his release. On the web, the NDLEA was slammed by angry Nigerians.

The next day, NDLEA’s Head of Public Affairs, Mr. Mitchell Ofoyeju, left many Nigerians confused, when he announced that the comedian still had to remain in detention.

“I can confirm that Baba Suwe is still under observation. He excreted for the third time last night and no drug was found. But he remains under observation.

“It will not end at the third excretion because it depends on body composition. For some people, it takes more time, more excretions. It really depends on the body of each individual,” Ofoyeju said. The Lagos airport Commander of the NDLEA, Mr. Hamza Umar, disclosed that in previous arrests, some suspects expelled the drug at the fourth excretion.

As days passed, the arrest looked more like a comedy of gargantuan errors, with many suggesting that the agency was in a quandary. Many called on the actor to sue the NDLEA. But Ajayi claimed the agency was only doing its job.

— Henry Ojelu