The Court of Appeal, Lagos Division, has described as baseless and pervasive, the award of N25 million compensation to comic actor, Babatunde Omidina, alias Baba Suwe, after he was detained by the National Drug Law Enforcement Agency for allegedly carrying narcotic substances in 2011.
In a judgment delivered by Justice R.N. Pemu, which commenced at exactly 12:20pm, the court held that the lower court lacks the jurisdiction to preside over the fundamental human rights suit filed by Omidina’s lawyer, Bamidele Aturu, in October 24, 2011.
Justice Pemu, who said there was no way a FHR case can be heard without going into the main issue, noted that the Section 251 of the country’s constitution provides that drugs and poison related cases are exclusively for the Federal High Courts.
Justice Yetunde Idowu of a Lagos High Court, Ikeja, had ordered the agency to pay Omidina N25m over illegal detention on suspicion of drug ingestion, as well as mandated the NDLEA to tender public apology to the actor through two national newspapers.
The comedian was arrested by the NDLEA operatives at the Murtala Muhammed International Airport, Lagos, on October 12, 2011, on his way to Paris, France.
He was detained initially for three days (October 12-15) by the agency, during which period he defecated but no drug was found in his faeces.
The NDLEA through its head of legal unit, Femi Oloruntoba, contended that keeping Omidina in custody between October 12 and 21, 2011, on the suspicion of drug ingestion, did not violate his rights.
Both parties adopted their briefs before the appeal panel, which had Justices Chima Nweze, Pemu and F.O. Akinbami on April 18 and judgment was reserved for a later date.
Justice Pemu, who read the judgment, held that the NDLEA had good reasons to detain the comedian, adding that the N25 million compensation was uncalled for.
She said the results of the CT Scans conducted on Omidina were in consonance with NDLEA’s suspicion, adding that the agency was conscious of the fundamental right of the respondent and that was why it approached the Federal High Court for extension of time to keep him in custody.
The judge said: “Contrary to the trial court’s position that the detention of the respondent was unreasonable, the appellant promptly approached the federal high court for extension of time in order to continue its investigation.
“The detention from October 12 to 21 does not abridge the respondent’s right in anyway.
“The issue of damages does not apply. The award of damages can be discretional but such discretion if necessary must be based on law.
“In this case, the award of N25 million is erroneous, excessive, unrealistic, pervasive and has no basis. There was no evidence to warrant such award.
“This appeal succeeds and the judgment of the lower court is wrong and hereby set aside.”
However, Aturu, who expressed his reservation on the appeal court’s judgment, said they were going to appeal at the Supreme Court.
