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Nollywood Comic actor Baba suwe is yet to be paid the 25 Million Naira a lagos Judge ,Yetunde idowu ordered the National Drug Law enforcement Agency (NDLEA) to pay him for arresting and detaining him unlawfully for alleged drug trafficking
The NDLEA earlier today asked an Ikeja High Court, Lagos to stay execution of its judgment which ordered the agency to pay N25 million to the actor.
The request is pending the result of the appeal filed by the agency on Dec. 6, 2011 at the Appeal Court in Lagos, against the said judgment.
The NDLEA, through its lawyer, Mr Femi Oloruntoba, said that the agency was relying on two grounds of appeal. "The trial judge erred in law when the judge ruled that the NDLEA was not justified in detaining Omidina from the day of his arrest between Oct. 12, 2011 and Oct. 21, 2011, when the Federal High Court order was obtained".
He argued that she further erred in law and misdirected herself on the facts when she held that "the acts of the NDLEA in keeping Omidina for nine days are a flagrant abuse and infringement of his fundamental rights". Olorountoba made it known that the budgetary allocation for NDLEA is N7Billion of which only N52Million is avalaible monthly for all the agency's activities including investigations and litigations.
He futher claimed that Baba suwe will not be able to refund the judgement sum because his resources are not adequate to ensure a refund of the judgment sum, should the NDLEA's succeed on its appeal. "NDLEA was impecunious and that paying the actor N25 million would deprive the agency of funds to perform other vital statutory functions ,He concluded.
He argued that the court had jurisdiction to entertain the matter and award the damages.
"In the unlikely event that the court is inclined to grant the NDLEA's application, it is our prayer that the court orders the agency to deposit the judgment sum with the Chief Registrar of this court, who in turn shall deposit same in an interest yielding account". "A statutory body funded to the tune of N7 billion, cannot claim that it cannot make the deposit," Aturu said.
Justice Idowu has adjourned the case to March 2,2012 for ruling.
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