Baba Suwe, who 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 had instituted a N100 million suit against NDLEA over his arrest and detention by the agency, is seeking a declaration that his arrest was in gross violation of his rights.
Delivering her ruling yesterday, the trial judge, Justice Yetunde Idowu ordered the agency to produce the applicant physically in court following an application by Omidina’s counsel, Bamidele Aturu, 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.
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