Baba Suwe offered Bail, Lawyer promised to fight back

Actor and comedian, Babatunde Omidina (aka Baba Suwe), who was arrested on suspicion of being in possession of hard drugs, was today (November 1, 2011) granted bail at a high court in Lagos (Nigeria). The presiding judge, Yetunde Idowu, granted the actor bail, on the condition that no drugs are found in his system by Friday (Nov. 4).  Bail was set at N500,000, and a surety in a like sum. Barring any new developments, the NDLEA is compelled to release the actor on November 4, 2011, if they still have not found any drugs in his system by then.The actor’s lawyer, Bamidele Aturu, had filed a human rights enforcement case at the high court on behalf of the actor. Speaking on the ruling, the lawyer said that inasmuch as Nigerians support the fight against drugs, that support does not extend to the violation of fundamental human rights. He accused the NDLEA of arresting the actor, and then fishing for evidence. He described the ruling as a victory for democracy and constitutionalism.


Baba Suwe: We will fight the battle to logical conclusion – Aturu
Cast in the mould of late fiery lawyer Chief Gani Fawehinmi SAN, lately, Mr. Bamidele Aturu has been carving a niche for himself as not only a legal practitioner, but also a social crusader cum rights activist.

In this interview, he spoke on controversial fuel subsidy removal, on-going attempt to reform the judiciary, anti-corruption agencies and Baba Suwe whom the court has ordered the NDLEA to release tommorow if he fails to excreates the suspected hard drug that he alledgely ingested. Excerpts:

WHAT is your assessment of the state of the nation?

The ruling elite in Nigeria clearly lack the attributes that can lift the people of this country out of poverty and misery. everywhere you turn you are confronted with corruption, waste, inefficiency, planlessness, nepotism and gross incompetence of the worst variety.

Our people lack access to basic infrastructures and facilities that are taken for granted even in certified backward societies. No portable water, no electricity, no motorable or even passable roads, education has collapsed, workers are paid miserable wages, unemployment is out of control, there is general insecurity, there is rot in the judiciary, health services have since collapsed, there is total governance paralysis.

The Federal government has expressed its intention to remove fuel subsidy come January next year. How do you react to this?

It is simply unacceptable. It is evil, malicious, wicked, insensitive, unresponsive, irresponsible, unconscionable, intolerable and bad. I mean very very bad. The decision of the Federal Government to ‘de-subsidize’ the prices of petroleum products next year shows clearly that each time government is broke the only thing its officials can think of is how to inflict further pain on the people by increasing the prices of petroleum products.

There is nothing like subsidies on petroleum products. As far back as about 2005 a top government functionary had informed the whole world that subsidies had been completely removed. The decision shows that the government is insensitive and does not care about the material conditions of the people. The people must resist the planned increase of petroleum products (price). Our firm will participate in every programme by organized labour and civil society to prevent the actualization of the wicked decision. The decision is intolerable and unacceptable. It will be resisted.

President Goodluck Jonathan has promised to provide social safety net to cushion the effect of the subsidy removal on the masses. How do you react to this?

Why should government create problems or hardship in the first place and now seek to cushion the effect of the hardship, that is warped logic. It is like breeding mosquitoes in your house and then purchase the best anti malaria drugs. It is also like inflicting injury deliberately and offering the best treatment available. We don’t need the injury, we don’t need the treatment. Nigerians don’t need palliatives, we don’t need any cushioning of hardships. There is no sensible justification for the removal of the fraudulent subsidies period.

You said last week that war against corruption is not on course. What inform their position?

Only an insane fellow or an imbecile would not see that there is corruption in every facet of life in Nigeria. There is corruption at all levels in Nigeria. Wven government officials cannot deny this obvious fact.

Is that why you called for the sack of the heads of the Police, ICPC, EFCC and the Code of Conduct Bureau ?

Of course, yes

How then do you think the anti-graft war should be fought effectively?
First replace the leadership of the bodies. Amend our laws and place the onus on the accused in corruption cases to justify their wealth. Also there should be no interlocutory appeals in corruption cases. We should also amend the constitution to prescribe time limits for determining such cases

The Chief Justice of Nigeria CJN Justice Dahiru Musdapher, has set up a 28 -man panel to make  recommendations toward reforming Judiciary. What are your expectations from the panel?

The panel cannot achieve its objective in the short period given to it. So I really don’t expect much from it. The time is too short.

How do you react to the inclusion of immediate past CJN Justice Katsina- Alu  in the panel?

He has no place in that committee. The myth that the Nigerian judiciary is the last hope of the common man has exploded. The judiciary, we need to repeat for the umpteenth time, is but one of the superstructures of the Nigerian State. It cannot but reflect the ethos and mores of the ruling class.

To the extent that the dominant elite in Nigeria are corrupt, backward, visionless, wicked and selfish, it is futile to expect the judiciary to be different. Of course, this does not imply that we do not have some exceptions here and there, but the general characterization of the Nigerian judiciary today is that it is as corrupt and visionless as the political class.

The solution to the decay in the judiciary can only be found if we sanitise our polity. The 28-member Committee recently set up to sanitise the judiciary would ordinarily have been welcome, but for the inclusion of the immediate past Chief Justice of Nigeria. His inclusion is insensitive and controversial, to say the very least, as it gives an impression that he is the victor in the dispute between him and the suspended President of the Court of Appeal. He should be removed from the Committee if Nigerians are expected to take its work seriously.

On Phantom fuel subsidies
The decision of the Federal Government to ‘de-subsidize’ the prices of petroleum products next year shows clearly that each time government is broke the only thing its officials can think of is how to inflict further pain on the people by increasing the prices of petroleum products. There is nothing like subsidies on petroleum products.

As far back as about 2005 a top government functionary had informed the whole world that subsidies had been completely removed. The decision shows that the government is insensitive and does not care about the material conditions of the people. The people must resist the planned increase of petroleum products. Our firm will participate in every programme by organized labour and civil society to prevent the actualization of the wicked decision. The decision is intolerable and unacceptable. It will be resisted.

As the lawyer to the detained comedian Mr. Babatunde Omidina a k a Baba Suwe over alleged hard drug ingestion , what is your reaction to NDLEA’’s reason for still holding on to him? You said the Federal High Court order which the NDLEA obtained to extend his detention was obtained through misrepresentation of fact: so what do you intend to do about this?

We have already filed the necessary application to discharge the order made by Justice Okeke. The NDLEA did not inform the court that the man had excreted eight times without any illegal substance in the excreted matter. they concealed the fact that the man had been in unlawful detention for over a week before filing the application. they concealed the fact that the man has been having his three meals daily. they concealed the fact that the man is diabetic.

Do you still intend to enforce Baba Suwe’s  fundamental right and claim aggravated and exemplary damages on his behalf?
Oh yes. We are already in court. The case is before Justice Idowu of Lagos High Court. we will fight the battle to a logical conclusion.

NDLEA has said it would apologies to him if he fails to excrete the alleged hard drug he ingested will such apology be accepted if nothing is found at the end of the day?

They would do more than apologies. Heads must roll in the organisation. They better start to look for other jobs. It is as simple as that.

Are you handling this matter pro bono?

My client has not yet told me he is indigent.