The Lagos Division of the Court of Appeal has upturned the judgment of the lower court, which ordered the National Drug Law Enforcement Agency (NDLEA) to pay N25 million to a popular comedian, Babatunde Omidina, popularly known as ‘Baba Suwe’ as compensation for detaining him for nine days from October 12, 2011 to October 20, 2011 over allegation of drug trafficking during the screening of Air France passengers to Paris.
Justice Yetunde Idowu of a Lagos High Court, Ikeja had awarded the said amount to the comedian. 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 in its appeal filed by Director of Prosecution and Legal Services, Mr Femi Oloruntoba 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 Justice Chima Nwanze and Justice 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 overburden NDLEA with such award of damages. On whether the NDLEA had reasonable reasons 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.
Chairman/Chief Executive of the Agency, Ahmadu Giade described the Appeal Court judgment as a victory for drug control in the country. In his words, “this judgments is a victory for drug control in the country”.
Mr Femi Oloruntoba, expressed delight with the Appeal Court judgments. “We are happy with the judgments. It is fair and serves the best interest of justice” Femi stated.
In his reaction, counsel to Babatunde Omidina, Mr Bamidele Aturu said that the Appeal Court judgments will be at the Supreme Court. “With profound respect, we thank the Court for the judgments. However, we disagree with the decision and will appeal the judgments” Aturu said.
Via: NDLEA Press Release