The Court sitting in Lagos has ordered that the National Drug Law Enforcement Agency (NDLEA) should produce the top comedian and actor in court on November 1, 2011.
NDLEA lawyer insisted his presence in court might engender over reaction by crowd, a situation the judge said would be patiently handled.
Baba Suwe had been in NDLEA’s detention since October 12, 2011 over alleged possession of cocaine in his system, though series of medical examinations had been performed on him with nothing incrimination found so far.
His lawyer, Bamidele Aturu had instituted a N100 million suit against NDLEA over what he called unlawful detention and vio;ation of the funny man’s civil rights.
He is therefore is seeking a declaration that the court declare his continuous arrest as illegal, and therefore should be released immediately.
Delivering her ruling on Wednewsday, the trial judge, Justice Yetunde Idowu ordered the agency to produce the applicant physically in court following an application by Omidina’s counsel, pursuant to Order IV Rules 3 and 4 of the Fundamental Human Rights Enforcement Procedure Rules 2009 for the unconditional release of his client from NDLEA’s custody pending the hearing and determination of the substantive suit.
He had also asked that the NDLEA should show cause why Baba Suwe should not be released unconditionally from detention. Opposing the application, the agency’s counsel, Femi Oloruntoba stated that series of medical examinations had been carried out since Baba Suwe’s arrest, which revealed that the applicant had a large amount of drug in his stomach, which he would excrete, even if it took a long period of time as it had been so with some of its suspects.
The agency also stated that it was expedient that the applicant was in NDLEA custody to enable them seize the drugs immediately it was expelled as it had been ascertained by a CT scan at the Lagos State University Teaching Hospital that the applicant indeed ingested some things suspected to be narcotic drugs.
He explained that this was the reason the agency applied for and obtained an order from the Federal High Court extending time to detain the applicant.
Finally, the agency added that they were not opposed to producing the applicant in court but was concerned that crowd control would be a problem.
But the trial judge held that the court security would be able to control any crowd and there would not be a problem.