Ace comedian Babatunde Omidina popularly known as Baba Suwe has filed an appeal before the Supreme Court to challenge the judgement of Justice Rita Pemu of the Lagos Division of the Court of Appeal that held that the comedian should not be compensated for his detention by the National Drug Law Enforcement Agency (NDLEA).
Justice Yetunde Idowu of a Lagos High Court had ordered NDLEA to pay N25 million to Baba Suwe as compensation for detaining him for several days over allegation of drug trafficking.
But the Court of Appeal set aside the judgement, describing it erroneous, oppressive and superfluous.
Dissatisfied with the decision, Baba Suwe, through his lawyer, Bamidele Aturu, prayed the apex court to allow the appeal, set aside the decision of the Court of Appeal and affirm the decision of the trial court.
He contended that the Court of Appeal erred when it held that that exhibits I-VI (results of scan tests) were legally inadmissible.
Baba Suwe added that that there is no law that stipulates that an applicant who seeks compensation for the violation of his or her right should have been detained for one year to be entitled to compensation.
The appellant contended that the Court of Appeal erred when it failed to follow decisions of the Supreme Court that made it clear that once a person’s right has been shown to have been violated, compensation is automatic.
He said the appellate court did not consider the features of the appellant’s arrest and detention that warranted the award of N25 million submitted to it.
Besides, the appellant added that the Court of Appeal ought to have held that the High Court of Lagos State had jurisdiction to entertain the application of the appellant for remedies for the breach of his fundamental right to liberty by the Respondent.
He maintained that the decision of the Court of Appeal conflicted with decisions of the Supreme Court to the effect that both the Federal High Court and the High Court of a State have concurrent jurisdiction in matters of enforcement of fundamental rights.
He urged the apex court to hold that section 46 of the Constitution as amended clearly vested jurisdiction to entertain fundamental rights cases on High Court of Lagos State for violation of rights that occurred within Lagos State.
The appellant also contended that the Court of Appeal did not consider at all the arguments of the appellant on the issue of jurisdiction in its judgment.
He added that failure of the Court of Appeal to consider the arguments of the Appellant on the issue of jurisdiction in its judgment was a breach of the Appellant’s right to fair hearing and occasioned miscarriage of justice.
He stated that the Court of Appeal erred in law when it failed to make the necessary and reasonable deduction from the evidence on record.
Besides he added that Court of Appeal and the Respondent (NDLEA) did not account for the 9 days the Appellant was detained without being taken before any court of competent jurisdiction.
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