A COMEDIAN, Babatunde Omidina, popularly known as Baba Suwe, has
lodged an appeal at the Supreme Court against the decision of the Court
of Appeal, Lagos Division, which nullified the N25 million monetary
compensation awarded to him by a Lagos High Court.
The monetary award was made in his favour against the National Drug Law Enforcement Agency (NDLEA). The notice of appeal filed by his counsel, Bamidele Aturu, on Friday,
is praying the apex court to set aside the decision of the appeal court
and uphold that of the trial court, which awarded monetary compensation
to him. The Appeal Court had on May 31 quashed the judgment of
the lower court, which ordered the NDLEA to pay him N25 million as
compensation for detaining him for several days over allegation of drug
trafficking.
Justice Yetunde Idowu of a Lagos High Court, Ikeja, had awarded the compensation (amount) to the comedian.
But the appellate court, in its judgment delivered by Justice Rita
Pemu, considered all the three vital grounds of appeal in favour of the
appellant (NDLEA). The NDLEA had, in its appeal, asked the court to allow the appeal and set aside the judgment of the lower court.
Justice Pemu, in her lead judgment, unanimously adopted by two other
justices, namely: Chima Nweze and F. O. Akinbami, described the N25
million damages awarded to Baba Suwe as erroneous, oppressive and
superfluous. Justice Pemu held that even though the trial judge
had discretion to award costs in a fundamental human right suit, such
award of damages must be based on law and not arbitrary.
In
addition, the appellate court held that the lower court judge erred in
law when it ordered NDLEA to pay Baba Suwe N25 million as compensation
and that the appellant should publish a public apology in two widely
read national newspapers. Justice Pemu said: “Damages must be
based on law, even though it is at the discretion of the trial judge.
The award of N25 million to the respondent was based on wrong premises
and it is uncalled for.” She further held that no evidence was
placed before the court to warrant such outrageous award, adding that
the court ought not to have overburdened NDLEA with such award of
damages.
On whether the NDLEA had reasonable causes to detain
Baba Suwe from the day of his arrest (October 12, 2011) till October 21,
2011, when the Federal High Court order to detain him was obtained,
Justice Pemu held that the agency was justified to do so. She
added that the appellant placed before the lower court documentary
evidence and exhibits being results of various scans conducted on Baba
Suwe, which justified his detention for several days over allegation of
drug trafficking.
On whether the Lagos State High Court has
jurisdiction to entertain the suit filed by the respondent (Baba Suwe),
Justice Pemu held that based on the pleadings before the trial judge, it
is the Federal High Court that has constitutional jurisdiction to
entertain the suit and not the state High Court. NDLEA had in
its eight-page notice of appeal, signed by Femi Oloruntoba, stated that
the trial judge erred in law when she held that NDLEA was not justified
to detain Baba Suwe from the day of his arrest (October 12, 2011) till
October 21, 2011, when the Federal High Court order 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 on his fundamental human right. Besides, the
appellant argued that the lower court erred in law when it ordered it
(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.
Dissatisfied with the court judgment, the
agency in December last year filed a motion for stay of execution of the
entire verdict and appealed against it.
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