The anti-drug law agency on Wednesday asked the court for a stay of execution, pending the determination of its appeal against the judgment at the Court of Appeal, Lagos.
The agency, among other grounds for its application, argued that it was incapable of paying the judgment debt as the "N25m awarded the respondent (Baba Suwe) is half of the monthly budgetary resources the appellant/applicant (NDLEA) has to perform its statutory duties."
The agency stated in its nine-paragraph affidavit in support of the application.
"That the appellant/applicant is hamstrung in paying the sum awarded as damages due to lack of fund."
But in a counter-affidavit dated January 19, 2012 and deposed to by the respondent himself, Baba Suwe urged the court to refuse the application for a stay of execution in respect of the monetary aspect of the judgment.
His lawyer, Mr. Bamidele Aturu, rejected the agency's excuse for inability to pay the judgment debt, saying, "A statutory body that receives a total budgetary sum of N7,813,793,322 cannot be described as impecunious."Represented by its Director, Prosecution and Legal Services, Mr. Femi Oloruntoba, the agency however said, of the total 2011 budgetary allocation, N7.1bn was earmarked for personnel cost, leaving only N633m as its total annual overhead cost.
Justice Yetunde Idowu, in her judgment on November 24, 2011, ordered the agency to pay N25m to the actor and apologise to him publicly on "conspicuous pages of two national daily newspapers within 21 days" of delivering the judgment.
Idowu awarded the sum against the NDLEA for violating the actor's constitutionally-guaranteed right to personal liberty.
She said the NDLEA, failed to account for the nine days it held Baba Suwe in its custody before obtaining an order of a Federal High Court, permitting it to hold him for additional 15 days.
Oloruntoba urged the court to grant its application in order not to render the judgment of the appellate court worthless if its appeal succeeded.
Idowu has fixed March 2 for ruling on the application.
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In any decent society, top management of NDLEA would have been forced to resign for their exhibition of incompetence and unbridled ignorance in the handling of the Baba Suwe affairs! Instead of being ashamed and apologetic for their manifest stupidity, they have the audacity to ask for a stay of execution of a paltry sum of N25M awarded by the trial court.
ReplyDeleteIf I was the trial judge I would have awarded punitive damages of over N100,000.000.00 against the agency to act as a deterrence to acts of that nature in future.
What a shame 2 Ndlea,infact a double shame 2 our nation if d agency of dis type at dis computer age could nt perform 2 d expectatn. NDLEA boss u better resign now 2 avoid future occurence
ReplyDeletewhere'z the money they collected from d sales of forms last year from our army of job seekers? 1500 naira multiplied by over 2million forms. hw much is dat?
ReplyDeletePls. NDLEA respect ur self and pay 4 ur damages. Or u account for N1500 u stole from young Nigerians in the name of job exams, for vacancies that u have already filled before exam date.
ReplyDeleteWat goes around dey say it will surely come round,2 b frank NDLEA are compitent,capable and realiable 4 their discharge exepm yhose enymies of progres.Dis is nt baba suwe first of bn aleged,my question is it only babasuwe on airport?d ansa is no,walah babasuwe is a thief.
ReplyDelete