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•Court to hear application tomorrow
Detained actor, Babatunde Omidina a.k.a Baba Suwe has urged a Federal High Court in Lagos to vacate an order approving a request by the National Drug Law Enforcement Agency (NDLEA) to further keep him in custody for 15 more days.
In the motion filed yesterday by his lawyer, Bamidele Aturu, the actor accused the NDLEA of concealing some vital material facts before securing the order.
The court presided over by Justice Okechukwu Okeke had, last Friday made the order following an ex-parte application filed and argued by NDLEA’s lawyer, Theresa Asuquo.
The actor, in his application, insisted that the NDLEA concealed material facts relating to the health and circumstances of Baba Suwe’s arrest and detention, and that the agency’s application contained contradictory facts.
He argued in the motion that the application, upon which the detention order was based, was grossly irregular and constituted an incurable abuse of court process.
He stressed that by the detention order, NDLEA had wantonly violated Baba Suwe’s fundamental rights, because the application was contrary to public policy on treatment of a suspect.
The motion, which is to be heard on Wednesday, was supported by a 12-paragraph affidavit deposed to by Baba Suwe’s first son, Adesola Omidina.
Adesola, in the affidavit, stressed that he read in the papers that NDLEA had secured a court order to further keep his father in detention based on a purported scan report issued by one Dr. Subhash Vijayvargiya.
He added that it was unthinkable that NDLEA failed to disclose to the court while applying for the detention order that his father had defecated three times without any illegal narcotic substance in his faeces.
Adesola pointed out that the agency also failed to inform the court that his father is a diabetic patient, who may die if kept in custody for a long time.
He also wondered why the NDLEA claimed at one breath that Baba Suwe eat only once in three days, yet he had defecated twice.
SOURCE: The Nation Newspaper, 25 October 2011. http://www.thenationonlineng.net
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