The Court of Appeal, Lagos Division has overturned the judgment of a Lagos High Court which awarded N25million damages against the National Drug Law Enforcement Agency (NDLEA), for allegedly trampling on the fundamental human rights of Lagos- based popular actor and comedian, Babatunde Omidina popularly known as Baba Suwe.
The NDLEA arrested Omidina on October 12, 2011 at the Muritala Mohammed International Airport on his way to Paris, France.
He was suspected to be trafficking hard drug. Omidina was detained beyond the constitutional provision of 24 hours without a formal arraignment before the court of competent record over alleged complicity in the ingestion of hard drugs.
However, in a lead judgment read by Justice Rita Pemu, the Court of Appeal, held that the NDLEA has the prerogative to keep the respondent in custody while investigation is being carried out.
Justice Pemu also held that the Lagos High Court does not have the jurisdiction to entertain the fundamental human rights suit filed by Omidina’s lawyer Bamidele Aturu.
The Appellate Court added that it is only the Federal High Court that has the right to adjudicate on it being a drug related matter.
The NDLEA arrested Omidina on October 12, 2011 at the Muritala Mohammed International Airport on his way to Paris, France.
He was suspected to be trafficking hard drug. Omidina was detained beyond the constitutional provision of 24 hours without a formal arraignment before the court of competent record over alleged complicity in the ingestion of hard drugs.
However, in a lead judgment read by Justice Rita Pemu, the Court of Appeal, held that the NDLEA has the prerogative to keep the respondent in custody while investigation is being carried out.
Justice Pemu also held that the Lagos High Court does not have the jurisdiction to entertain the fundamental human rights suit filed by Omidina’s lawyer Bamidele Aturu.
The Appellate Court added that it is only the Federal High Court that has the right to adjudicate on it being a drug related matter.
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