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Nollywood actor Babatunde Omidina may finally bid farewell to his cell at the National Drug Law Enforcement Agency (NDLEA) today, if no narcotic substance was found in his excreta.
Justice Yetunde Idowu of a Lagos State High Court, Ikeja, who granted the Nollywood actor, also known as Baba Suwe, bail last Tuesday had said that the ace comedian would be allowed to go home today if he did not digest any narcotic substance in the last two days.
Omidina is, however, expected to meet the bail conditions, which was granted him in the sum of N500,000, the provision of one surety in like sum while his international passport in the custody of the NDLEA would be handed over to the Chief Registrar of the Lagos High Court to prevent him from travelling out of the country.
Justice Yetunde Idowu, while ruling on the exparte application filed by Omidina‘s counsel, Mr. Bamidele Aturu, said the liberty of a citizen is paramount in the matter.
Justice Yetunde Idowu, while ruling on the exparte application filed by Omidina‘s counsel, Mr. Bamidele Aturu, said the liberty of a citizen is paramount in the matter.
Justice Idowu had said she would have ordered the unconditional release of Omidina last Tuesday but for the Federal High Court’s order which permitted the agency to detain him for another 15 days to determine whether or not the alleged narcotic substance would be digested.
She had directed NDLEA’s counsel Mr. Femi Oloruntoba to notify the court of any contrary development, especially if Omidina digested the suspected narcotic substance before the expiration of the Federal High Court order which would lapsed today.
She had directed NDLEA’s counsel Mr. Femi Oloruntoba to notify the court of any contrary development, especially if Omidina digested the suspected narcotic substance before the expiration of the Federal High Court order which would lapsed today.
She noted that Omidina, despite having spent 21 days in detention, did not excrete the narcotic substance he was suspected to have ingested.
“I am very concerned about the liberty of a citizen. God forbids if anything should happen to him in NDLEA custody. His life is important,” she said, adding that Omidina had overstayed in detention.
“I am very concerned about the liberty of a citizen. God forbids if anything should happen to him in NDLEA custody. His life is important,” she said, adding that Omidina had overstayed in detention.
“If it takes a person 21 days to excrete something and up till now he has not, will it be fair to keep him forever?” she asked, pointing out that it would have been sensible to continue to hold Omidina in detention if the medical reports backing the alleged hard drug ingestion that the
agency was relying on gave indication as to how long it would take to excrete them.
In a fundamental rights enforcement application, the actor sought a declaration that his arrest and detention since October 12 by the NDLEA on suspicion of drug trafficking is in gross violation of his rights.
He had demanded the payment of N100 million as damages for wrongful detention and an apology to be published in two national newspapers from the agency.
In a fundamental rights enforcement application, the actor sought a declaration that his arrest and detention since October 12 by the NDLEA on suspicion of drug trafficking is in gross violation of his rights.
He had demanded the payment of N100 million as damages for wrongful detention and an apology to be published in two national newspapers from the agency.
However, NDLEA’s Director of Legal Services Mr. Femi Oloruntoba had opposed Omidina’s application, saying he was not entitled to any of the reliefs sought.
He argued that the agency has jurisdiction not only to arrest a person on suspicion of drug trafficking and prevention of the commission of further drug related offences.
Oloruntoba had argued that the body scans to which Omidina was subjected to showed positive results that he ingested banned substances, adding that the agency obtained the Federal High Court’s order to have enough time for the suspected substance to be digested before proceeding to court.
“Or how do you take a suspect to court when he has not defecated the substances?” Oloruntoba asked.
Oloruntoba had argued that the body scans to which Omidina was subjected to showed positive results that he ingested banned substances, adding that the agency obtained the Federal High Court’s order to have enough time for the suspected substance to be digested before proceeding to court.
“Or how do you take a suspect to court when he has not defecated the substances?” Oloruntoba asked.
SOURCE: The Nation Newspaper, 4 November 2011. http://www.thenationonlineng.net
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