The
Court of Appeal in Lagos, has overturned the ruling of a high court and quashed
the N25million damages awarded to Nollywood actor, Babatunde Omidina, more
popular as Baba Suwe.
The
appellate court, in its judgment read by Justice Rita Pemu, held that the NDLEA
has the right to keep the respondent in custody while investigation was being
carried out.
Justice
Pemu also declared that the Lagos High Court lacked the jurisdiction to
entertain, in the first place, the fundamental human rights suit filed by Lagos
lawyer and rights activist, Bamidele Aturu, on behalf of the comedian. She
added that it was only the Federal High Court that had the right to adjudicate
on the matter, being a drug-related case.
She
then held that the award of the damage sum by the trial judge was “excessive,
unrealistic and perverse.”
Justice
Pemu said, “The constitution stipulates the right to personal liberty. The
result of the CT Scan carried out on the respondent was in consonance with the
appellant’s suspicion.
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