LAGOS – An Ikeja High Court, yesterday, ordered the National Drug Law Enforcement Agency, NDLEA, to release the popular comedian, Mr Babatunde Omidina, a.k.a. Baba Suwe, on Friday, if no drug was found on him even as the detained comedian told the court that he had excreted 15 times in his 21 days in the custody of the agency but nothing was found.
The court had ordered the anti-drug agency to produce Baba Suwe in court, yesterday, following a motion filed by his counsel, Mr Bamidele Aturu. He was arrested by NDLEA operatives at Murtala Muhammed Airport, Lagos on October 12 on his way to Paris, for allegedly ingesting suspected narcotic substance.
Following an application for his release by his counsel, the court admitted him to bail in the sum of N500,000, with one surety in like sum, while the surety’s status and address must be verified by the Chief Registrar of the court.
Baba Suwe’s international passport with the NDLEA is to be deposited with the Chief registrar’s office pending the determination of the substantive suit, while the bail will take absolute effect on Friday, November 4, if he does not excrete the suspected narcotic drugs.
BABA SUWE IN COURT: Alhaji Babatunde Nurudeen Omidina, aka Baba Suwe arriving Ikeja High Court yesterday. Photo: Lamidi Bamidele
He was brought to court at about 9.am in a white Urvan bus with number plate FG 61 T02 and he wore a white foil lace and brown palm slippers, accompanied by operatives of NDLEA, who did not allow anybody, including newsmen to get close to him.
The court room was filled to capacity with armed policemen at strategic positions to maintain order. Over two thousand spectators, friends and well wishers, waited anxiously to get a glimpse of him
Ruling on the comedian’s bail application, the court reiterated the fact that the liberty of the applicant had been grossly violated, adding that there was no order superior to the constitution.
“He is due for immediate release. I am going to grant him bail and if there is a development, you should inform the court,” the court held.
Crowd booing men of the NDLEA on their way out of the court premises.. Photo by Lamidi Bamidele
The trial judge, Justice Yetunde Idowu, however sought to know how Baba Suwe was treated in custody and the following dialogue ensued:
Court: Baba Suwe how are you?
Baba Suwe: I am fine.
Court: Are they maltreating you?
Baba Suwe: No
Court: Do you eat?
Baba Suwe: Yes, I do eat but with my money. They do bring my food by 11 am and when I am hungry, I use my money to buy food and I have excreted 15 times but nothing was found.”
Baba Suwe’s counsel, Mr Bamidele Aturu, had argued that the applicant’s arrest and continuous detention was illegal and against the constitution of the country, adding that the NDLEA has no case and had breached the fundamental rights of his client.
“The agency did not proceed to the Federal High Court to procure a detention order and this was nine days after he was arrested and they had been served with the processes of this court.
We submit that the period between October 12 to 21, 2011 when the order was procured was unaccounted for, the court should hold that the continuous detention of the applicant is wanton violation and a flagrant disregard of his fundamental human rights to liberty,” he argued.
Aturu added that the court needs to send a strong signal, so that such will not happen again and the continuous detention of the applicant on the basis of conflicting and contradicting evidence would amount to a judicial imprimatur.
NDLEA counsel, Mr. Femi Oloruntoba, who opposed Baba Suwe’s application, argued that he was arrested based on the suspicion that he ingested some narcotic substances and had been subjected to various scans.
Oloruntoba noted that the first scan, an NCCT evaluation of the abdomen and pelvis reveals that there were multiple hyper dense nodular particles in the upper gastro-intestinal tract, consistent with large amount of drug ingestion but the nature of the drug would be ascertained by relevant laboratory investigations.
According to him, the latest scan result showed “that the foreign body is now moving down from the upper abdomen and it is a matter of time before it is excreted” although he could not give the exact time.
He argued that the applicant was detained in line with the NDLEA Act, adding that they took advantage of Section 35 (5) (b) of the constitution
Baba Suwe in his fundamental human rights application filed against the NDLEA, had prayed the court to declare that his arrest and continued detention since October 12 by the agency was a gross violation of his fundamental human rights.
He had asked for damages of N100million and a public apology in conspicuous pages of two national dailies.
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