Baba Suwe: Court declines to hear NDLEA’s plea for stay of execution

Written by Akeem Nafiu Wednesday, 04 July 2012

 
 THE Court of Appeal, Lagos Division, on Tuesday, declined to hear a motion filed by the National Drug Law Enforcement Agency (NDLEA) seeking to stay execution of the judgment of Justice Yetunde Idowu of a Lagos High Court, which ordered the agency to pay N25 million to a popular comedian, Babatunde Omidina, also known as Baba Suwe, as compensation for detaining him for several days over allegation of drug trafficking.
The court presided over by Justice Helen Ogunwumiju, however, decided to hear the main appeal against the judgement of the lower court
expeditiously.
Justice Ogunwumiju, in her submissions, disclosed that rather than hearing the application for stay of execution filed by the agency, the court was more disposed to granting accelerated hearing of the appeal.
However, the court granted the application filed by Baba Suwe's counsel, Chukwuyem Atewe, for an extension of time within which he could file his respondent brief.
After granting the application, the court ordered the NDLEA to file its reply brief within 14 days from Tuesday, if it had any reply to file on points of law.
During Tuesday's proceedings, NDLEA's Director of Prosecution and Legal Services, Femi Oloruntoba, informed the court that the appeal was ripe for hearing and that there was a pending motion before the court asking for stay of execution of the judgment of the lower court.
Oloruntoba told the court that the judge of the lower court had refused a similar application for stay of execution of her judgment delivered on November 24, 2011, pending the determination of the appeal filed by the agency.
Without mincing words, Justice Ogunwumiju told Oloruntoba that the agency should forget about stay of execution of the judgment of the lower court and focus on accelerated hearing of the appeal.
Subsequently, October 18th, 2012, was fixed for the hearing of the substantive appeal.
In an eight-page Notice of Appeal, signed by Femi Oloruntoba, the appellant, 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 ordered 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 was 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 (the NDLEA) to pay the applicant (Baba Suwe) N25 million as compensation and that the appellant should publish a public apology in two widely read national newspapers.

SOURCE: Nigerian Tribune, 4 July 2012. http://tribune.com.ng