Detained Yoruba comic actor, Babatunde Omidina (a.k.a Baba Suwe), yesterday regained his freedom at an Ikeja High Court, Lagos, after being held in the custody of the National Drug Law Enforcement Agency (NDLEA) for 24 days.
Justice Yetunde Idowu, who ordered Omidina’s release on bail, declared that he should go home and reunite with his family since the NDLEA could not find any banned-drug-related substance in his excretions. The judge had last Tuesday granted Omidina bail on condition that the actor did not excrete any drug related substance between that day and yesterday (Friday).
At the resumed hearing, the NDLEA Director of Public of Prosecutions and Legal Services, Mr. Femi Oloruntoba, had confirmed to the court that the actor did not excrete any banned substance between the last adjourned date and yesterday morning. He however applied that it was necessary for him to report at the agency’s office at the Murtala Mohammed Airport , Ikeja on November 11, for ongoing investigation. He gave the assurance that the actor would not spend more than two hours with the agency.
According to him, ‘’We have not concluded our investigation and we want to say that the bail granted by the court is conditional and if there is need to invite him we can do so.’’ Oloruntoba also submitted that he had the actor’s international passport to be handed over to the court’s Chief Registrar . The actor’s lawyer, Mr. Bamidele Aturu, who led eight other lawyers said it was proper to submit that Omidina excreted severally without any banned substances found. He said the actor informed him in court shortly before the sitting that he had gone to the toilet more than 25 times yesterday morning.
According to him, ‘’the applicant said on November 2, 2011 he was taken to a hospital at Victoria Island, Lagos from 9.00 am to 9. 00 pm, a period of 12 hours where all sorts of tests were conducted on him. His systems were flushed and nothing was found in his excretions.’’ Aturu said he could not understand what other evidence or investigation the NDLEA wanted to carry out. The counsel said the test was conducted without the actor’s consent and any notice to his lawyers adding that there was no reason for asking him to appear before the agency again for further investigation. Asked to furnish the court with the details of what transpired at the hospital, the NDLEA counsel said he was not aware of the developments. Apparently furious, the judge asked the actor to step forward and explain what happened .
His words: “They took me to one hospital in Victoria Island and they put something in my mouth, they also put something in my anus and they pumped water. I started stooling; I went to the toilet about six times. Since that day, I have been stooling.” The judge then asked one of the NDLEA officers in court to explain what happened. The NDLEA man told the court that the agency actually took the actor to a place in Ikoyi and later to a hospital in Lekki and not Victoria Island on the day in question based on the instructions of the NDLEA Assistant Commander, Operations. The officer said he was not in a position to know the outcome of the result of the test conducted on him.
Justice Idowu then descended on the NDLEA saying: “We are talking of a human being. Something is wrong with your operations because the applicant is not a robot. This report ought to be handed over to the agency’s counsel and it is unfortunate you don’t have the decency of telling the applicant before taking him for the test. NDLEA did not do enough. This is not decent because my order on Tuesday was clear that if there are new developments let us know.’’ But the agency’s DPP said the body would not do anything to undermine the law. Aturu told the court that the applicant had put all the relevant papers before the court to facilitate the bail order.
In her ruling, Justice Idowu ordered that the applicant be released immediately to join his family . The actor is however to appear before the NDLEA at its MMA office on November 11. The judge added that his lawyer should accompany him to the NDLEA office on the day. Justice Idowu reserved judgment in the N100m suit till November 24, this year. Immediately he stepped out of the court room, the atmosphere was rowdy as his family members, friends, associates and Nollywood actors went out in jubilation around the court premises.
Aturu later told journalists that he would make a case for multi-million damages on behalf of the actor. Interestingly, it took security operatives sometime to get Baba Suwe out of the court premises, as the mammoth crowd swooped on him with joy shouting “O ya’gbe ti”(one who didn’t excrete (banned drugs) Aside family, friends and well wishers, Alhaji Abdulrasak (Corporate Picture boss); ace director, Abbey Lanre; Monsuru Obadina (Fala); Adewale Elesho; Afeez Alimi (Afeezco) were some of the top theatre practitioners, who came to show their solidarity
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