NDLEA reacts to Baba Suwe ruling.

The anti-narcotics agency says it never treated the actor unfairly and would appeal the judgement.

The National Drug Law Enforcement Agency (NDLEA) has announced that it will appeal against the judgement of the High Court in Ikeja asking it to apologise and also pay N25 million to actor, Omidina Babatunde, also known as Baba Suwe.

The agency’s Director of Prosecution and Legal Services, Femi Oloruntoba, said the judgement did not reflect the facts before the court.

"It is a misapprehension of the law as it relates to the power of law enforcement agencies and the liberty of citizens," he said. "We shall appeal as the judgement cannot stand the test of time."

According to him, Omidina was treated fairly and professionally while in the agency’s custody. He also described claims by the comedian that he was treated like a common criminal as untrue.

"It is on record that he was treated in accordance with the law, particularly with respect to the observance of his right to human dignity, presumption of innocence, search and other investigative processes in line with best international practices," he said.

"He acknowledged same in court before the public on Tuesday, November 1, 2011. Omidina told the court that he was never harassed in any form by officers, and that he was allowed to use his medication regularly. He however added that his breakfast was served late. He was not chained and treated as a common criminal as alleged. The use of hand-cuff or leg chain is to control suspects that are violent and belligerent.

Omidina was calm, friendly and cooperative while he was under observation. There is no justification for him to have been chained. It is not true that he was chained. Having agreed in the open court that he was treated fairly and was not harassed, the sudden volte-face by the actor is therefore shocking."

The NDLEA also added that the scanning machines in all the international airports are functional and manned by competent officers. "There are no grounds to doubt the efficiency of the machine when about seven suspects that tested positive about the same time the actor was arrested have all defecated the drugs they ingested," said a statement by the spokesperson, Mitchell Ofoyeju.

"The agency is committed to effective drug control, protection of lives and promotion of the image of the country. This is a statutory responsibility that we are committed to discharge conscientiously in the interest of the country. The support and goodwill of members of the public is highly appreciated."