Legal Drama

Baba Suwe Exonerated, Court Orders 25Million Naira Payment for Violation of Human Rights

The Daily Trust reports Baba Suwe has been vindicated and exonerated with a court ruling; ordering the National Drugs Law Enforcement Agency (NDLEA)to pay 25Million Naira for a violation of Baba Suwe’s fundamental human rights. As discussed in the past with you all, contrary to what you might think, Nigeria has the law on the books. It is not some jungle where Africans run wild. The issue is always that of enforcement. Baba Suwe was detained without due process, for nine days, in contravention of Nigeria’s constitution and his constitutional rights; and certainly Nigeria’s criminal procedures.

I’m a bit puzzled that Justice Yetunde Idowu who handled the criminal case before her court would be the same judge ruling on what amounts to a civil case. I thought the criminal courts were separate from the civil? Is her courtroom for all intended purposes assigned both jurisdiction over civil and criminal cases?

NDLEA disagrees with the ruling. One argument they could make, in appeal, is that Justice Idowu who handled the detention hearing and the arraignment, should not be the same person hearing the civil matter. Her mind was already made up against the NDLEA and as such there should have been a different Judge hearing the civil suit brought by Baba Suwe’s lawyer. Procedurally, this typically would mean NDLEA should have filed its appropriate motion to either remove the judge or have a different venue to hear the case.

Anyway, I’m looking for some solid reporting on the case that can provide more of the basic facts that help from a legal commentary and analysis view. Read the story below.

For my prior legal commentary on the Baba Suwe case, click here.

“Lagos — The Lagos High Court sitting in Ikeja this morning ordered the National Drugs Law Enforcement Agency (NDLEA) to pay the sum of N25 million as damages to comedian, Babatunde Omidina, aka Baba Suwe for his unlawful arrest and detention.

In her 45-minute ruling, Justice Yetunde Idowu said it had proven from all evidences that the NDLEA violated Omidina’s fundamental rights by keeping him in custody for nine days without trial.

“From all indications, the NDLEA’s action in this matter is a clear violation of his human rights. I hereby order that the sum of N25 million be paid as damages to the applicant and a public apology tendered in two widely read newspapers within 21 days of this judgment. Counsels to both applicants and the respondents should agree on the newspapers to use,” Justice Idowu said.

Omidina had sued the NDLEA and had demanded for his immediate release, an award of N100 million as damages and a public apology. He had been granted bail on November 4 after 24 days in NDLEA custody.

In his response to the verdict, Bamidele Aturu, lawyer to Baba Suwe said they were satisfied with the ruling and hoped that this will send a strong signal to other law enforcement agencies as it concerns managing suspects.

However, counsel to NDLEA, Theresa Asuquo told Daily Trust that they were not satisfied with the ruling and may soon appeal the judgment. She said the notice of appeal may be filed before the expiration of the day order from the court.”- The Daily Trust

Cheers,
Uduak
I am a trial lawyer as well as the founder and principal attorney for UDUAK LAW FIRM. You can follow me on twitter at www.twitter.com/uduaklaw or www.twitter.com/africamusiclaw. I am  also the President & CEO of Ladybrille Media Group, Inc. I have over seventeen years combined experience in the fashion and entertainment industries and welcome  your basic  Music Business Questions. Have a question for me? Send me an email: ([email protected]).

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Credited for several firsts in the fashion and entertainment industry, Uduak Oduok (Ms. Uduak) is a fashion and entertainment lawyer, speaker, visionary, gamechanger, trailblazer, and recognized thought leader, for her work on Africa’s emerging global fashion and entertainment markets, and the niche practice of fashion law in the United States. She is also the founder of ‘Africa Music Law,’ an industry go-to music business and law blog and podcast show empowering African artists. Her work in the creative and legal industries has earned her numerous awards and recognitions, including an award from the American University Washington College of Law for her “legal impact in the field of intellectual property in Africa." She has also taught as an Adjunct Professor at several institutions in the United States. For more information, visit her at https://msuduak.com.

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