Baba Suwe: An actor 24 days of sojourn in NDLEA hell BY KAYODE KETEFE Intro: The news of the arrest of the popular Nollywood comedian, Babatunde Omidina, aka Baba Suwe by the National Drug Law enforcement Agency on October 12, 2011 came unexpected as many would not see him as someone who would attempt drug trafficking offence alleged against him. But the surprises had just started; right in the full glare of the public, his detention and attempted prosecution spun off twists and turns in the absurdist tragicomedy drama featuring a comedian and a state agency. In this all-inclusive piece, KAYODE KETEFE captures all the drama, the pathos, and the thrills as well as the court actions in the enthralling saga. The big arrest There was a long line of passengers waiting to be checked-in into the Air France flight scheduled to leave for Paris, France in the evening of October 12, 2011 at the Murtala International Airport, Ikeja Lagos. The passengers seemed to be losing their patience as the check-in procedure appeared unusually slow. People were wondering why the immigration officers seemed to be taken extra measures beyond the routine precaution. Among these passengers was the popular comic actor, Babatunde Omidina, aka, Baba Suwe who, every now and then, acknowledged greetings from his fans with cheerfulness. However, as the corpulent Baba Suwe eased his bulk into the detective arch of the scanning machine, the machine was said to have given a signal indicating something was amiss. Instantly Baba Suwe was asked to return and walk through the arch again. Beaming with a smile, Baba Suwe, who apparently was oblivious of what fate had in store for him, repeated the process. The scanning machine reportedly gave whatever signal the immigration officers alleged to have detected the first time. When this was repeated the third time, one of the operatives asked Baba Suwe if he was carrying any substance in his body to which the comedian answered firmly in the negative. Then he was asked to step aside for other passengers to be checked-in. After this, the now obviously troubled Baba Suwe was told to pass through the arch again and again and again! The security operatives who had now increased in number eventually told the embattled comic actor that the scanning machine had indicated he was carrying an illegal substance in his protruded tummy. At length Baba Suwe was handed over to the operatives of the NDLEA who pronounced him under arrest and whisked him away. Baba Suwe's aborted journey to Paris, it was gathered, was to enable him attend a naming ceremony of an Air France staffer scheduled for Saturday, October 15, 2011. It was gathered that he was billed to be the Master of Ceremony at the event. The said Air France staffer was also initially picked up for interrogation, but was later released The furore and smear on the Nollywood Expectedly, Baba Suwe's reported arrest immediately took the public discourses, especially in the entertainment and social circle, by storm. At every beer joint, pubs, social gathering and markets, especially in Yoruba land which was Baba Suwe's primary constituency, discussion often revolved around the fate that had befallen the "King of comedy" whose antics and foibles had brought smiles to the faces of millions. At this point, very few believed Baba Suwe could be innocent, many tongues therefore wagged about the stars of Nollywood industry and their "secrets." Baba Suwe's episode became a reference point in the unrelented criticisms against Nigerian movies stars who led ostentatious lives. "So, this is the kind of things many of them were doing!" were the frequent exclamations on the tongues of the people. For Baba Suwe, some of his fans expressed disappointment for "this shameful" venture while some others, sympathised and wished him "best of luck" Nollywood drug saga: the underlying realities The first arrest of a major Nollywood star was made in September 2006 when Mrs. Hassanat Akinwande Taiwo was arrested by officials of the NDLEA while attempting to board a London-bound Virgin Atlantic flight from MMIA, Ikeja Lagos. No sooner had she been kept in detention than she began excreting the drug, well-concealed in airtight wrappers. In all, she excreted 92 wraps which the NDLEA proved to the court to contain "high-quality cocaine" weighing 1.214 kg. Wunmi got what many called a slap on the wrist, having been sentenced to a meager three years imprisonment term or one million naira fine by a Federal High Court judge, Justice Ahmed Muhammed. The barely suppressed jubilation that erupted in the courtroom upon the pronouncement of option of fine for the actress was an indication that the sentencing was considered light. Thus, with the assistance of her associates, Wunmi eventually paid and walked home a free lady. She went ahead to document her experience in another Nollywood home video called "Egbogi Oloro" meaning "Hard drug". Also on 23, March 2007, another Nollywood actor, Tochi Uche James, was arrested at the same MMIA Airport, Ikeja, Lagos, while attempting to board a Virgin Atlantic Aircraft to London. He was alleged to be in possession of 1.336 kg of cocaine which he later admitted to possessing. He was arraigned before Justice Dan Abutu on a one-count charge comprising the offence of exporting cocaine. On August 2, 2007, Tochi was sentenced to eight months imprisonment by Justice Dan Abutu for trafficking in cocaine. The sentence was passed after James pleaded guilty to the one-count charge. Unlike what happened in the case of Wunmi, the judge did not give James an option of fine. The court however ordered that his jail term should commence from the date of his arrest. The implication of which is that he would spend only four months in prison. Despite all the cries made by the movies producers and enthusiasts, the Nigerian government has not been able to proffer lasting solution to the piracy problem. As a result of this the film industry lucrative attraction has plummeted. The second reason which is interlinked is the factor of "expected lifestyle" which movies stars must lead. Many of the stars try all the means within their powers to pander to society expectations about a lifestyle which they should lead. Flashy cars, palatial residences and mansions, retinue of servants and circulating in the society of the rich and celebrities, including top politicians and musicians-all these are expected of these stars and while a few number of them met up, others struggle to create this kind of lifestyle, which bait them to reckless choices. Baba Suwe in custody: The first 11 days of NDLEA's obstinacy Baba Suwe was in detention for day one, day two, day three, each day was ticking away-one week gone and the agency had not brought the comic actor to court on the allegations for which he was being detained. The reason was obvious; the anti-drug agency was yet to get any evidence to sustain the charge of drug trafficking before a court of law. This brought the agency on the public spot with many people calling on the agency to release the actor if no drug was found on him. The media started a daily count-up of his detention, thereby feeding the public hunger for news on the comedian. Most of those people who initially were condemning Baba Suwe were now changing their opinions Meanwhile Baba Suwe was subjected to relentless grilling during his detention. He was interrogated many times, forced or induced to excrete and intermittently taken to hospitals. While excretion upon excretion failed to produce any culpable substance. NDLEA was still obstinate; it insisted that its scan revealed that Baba Suwe had ingested substance and that it would continue to hold him. The question now arose on how long the agency could continue to hold a suspect without concrete evidence. Almost every commentator except the NDLEA itself said no agency has any power to hold anybody indefinitely on mere suspicions. What the Constitution says on detention Section 35 of the 1999 Constitution guarantees freedom of movement to every Nigerian. The section states "Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law" Subsection 4 of section 35 further provides inter-alia"Any person who is arrested or detained in accordance with subsection (1) (c) of this section (i.e. for the purpose of bringing him before a court) shall be brought before a court of law within a reasonable time… the expression "a reasonable time" means - (a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and (b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable. Section 35(6) of the 1999 Constitution provides remedies that are available to a person unlawfully detained thus, "any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.'' What the lawyers said Expectedly, the prolonged detention of the popular Baba Suwe elicited a deluge of reactions, especially from lawyers. In his own reaction which consists of unstinted vitriol against the NDLEA actions, a popular human rights lawyer, Mr. Femi Falana, Falana, said, "I have never in any part of the world seen where an agency will be experimenting with human beings, saying that they want Baba Suwe to excrete the hard drugs that their machine tested him to have ingested, denying him of his freedom for more than 24 hours just because their machines are defective." A Senior Advocate of Nigeria, Mr. Chukwuma Ekomaru, has this to say "No human being has a right to lock-up another human like a dog. It is only in your house that you decide to give your dog food when you like. What make us different from domestic animal are the fundamental human rights, but it's difficult to secure. Both the Police and other law enforcement agencies have gone haywire, they will publicly tell you to go to court. There is need for judicial reform, let me be honest with you, if one is given the opportunity to get a leader that understands how judicial arm of government functions; it will set a revolution in the entire system. Any day it is realised that if you go to court, within one or two weeks you will get justice, the whole system will change" Prior to his taking up the case as legal representative of Baba Suwe, Aturu, had pointed out that it was illegal and a breach of Baba Suwe's fundamental human rights for the NDLEA to have kept him inordinately in detention. In his own submission, the NDLEA lawyer, Mr. Femi Oloruntoba said "The NDLEA claimed that the comedian arrest and detention was within the ambit of the provisions of the agency Act. The NDLEA Act statutorily empowers the agency to arrest and detain persons suspected of carrying banned drug and this is precisely what the agency has done" Another Lagos-based human rights activist, Mr. Nnaemeka Amaechina, however said that the agency had no legal ground to continue to hold the actor in the absence of concrete evidence on which a prosecution could be based. Detention: The 15 more days order Owing to sustained public outcry over Baba Suwe's prolonged incarceration, the NDLEA on October 21 (after nine days of detaining Baba Suwe) brought an application before a Federal High Court in Lagos, praying the court to grant it an order to detain Baba Suwe for 15 more days for the purpose of its investigation. This prayer, tabled before Justice Okechukwu Okeke, was brought ex parte and based on the alleged grounds that the agency had obtained medical evidence that Baba Suwe ingested. The application was supported by a 29-paragraph affidavit sworn to by an NDLEA "Intelligence Officer", Mr. Femi-Johnson Osifuye, and supported by a CT scan result issued by a consultant radiologist with the Lagos State University Teaching Hospital (LASUTH), Dr Subhash Vijayvargiya. The result, according to the forensic analysis conducted by the doctor "shows" that Baba Suwe "has large amount of narcotic drugs in his body." ingested the narcotic drugs, and the test confirmed large amount of drugs in his body. The NDLEA stated that with the confirmation that Baba Suwe still had hard drugs in his stomach, he is bound to excrete it with time, adding that his case was not an isolated one as it takes some suspects a longer time to excrete than others, hence the need to further keep him in custody. The anti-drug agency however did not lead evidence to show why the comedian had not yet excrete the alleged substance in spite of the having excreted many times after many days in custody. Nonetheless the ex parte application succeeded and the court granted the request of the NDLEA to keep Baba Suwe for another 15 days. That is to say from October 21 till November 5, 2011. NDLEA doctor X-rayed: The ex –convict allegation No sooner had the order for detention of Baba Suwe for additional 15 days been given than the allegations started flying about that the Indian doctor, Dr. Subhash Vijayvargiya, whose scan result was used to obtain the order from the Federal High Court, was an ex-convict. Information obtained on the internet showed that one "Dr. Subhash Vijayvargiya" a Bhopal-based diagnostic centre proprietor, was convicted by an Indian Chief Judicial Magistrate, Pradeep Mittal, in 2007 and was sentenced to three years imprisonment. Vijayvargiya was also fined Rs 5,000 after he was found guilty of breaches of the Indian Pre-Natal Diagnostic Technique Act. It was the District's Chief Medical Officer who initiated the complaint against Dr Vijayvargiya following an inspection of his diagnostic centre where it was discovered that he had no record of the use of ultrasound machine he was using and that he also had no maintenance of records contrary to the provisions of Pre-Natal Diagnostic Technique Act of India. In his reaction to this accusation, NDLEA spokesperson, Mr. Mitchel Ofoyeju, had said the agency was not aware of any conviction of Dr.Vijayvargiya in India for any medical malpractice. He added that the agency took Baba Suwe to LUTH for diagnosis as it normally did and could not comment of any professional liability of the doctor. Baba Suwe' bowel movement on the public radar The NDLEA initially claimed Baba Suwe would be held until he has excreted up till up to six times, by which time the agency would be able to determine definitely whether or not he had ingested the drug. This made the public to develop morbid interest in the actor's bowel activities as reported in the dailies. The Head of Public Affairs of the NDLEA, Mr. Ofoyeju Mitchell, had said "He has only excreted twice since we arrested him on Wednesday. We expect him to do up to five or six excretions to be sure that he did not ingest the drugs. "You should realise that for scan to have detected the drug in his bowel, means that we have to be painstaking, to be sure that justice is done." However the agency seemed to be constantly changing goalpost by adjusting the number of timed the embattled comedian would have to excrete before the agency would decide his culpability. As the news trickled in "First shit, no drug, second shit, no drug etc, public sympathy was growing for Baba Suwe and so was antipathy for NDLEA. As at the time Baba Suwe was released on bail on November 4, 2011, his lawyer Mr. Bamidele Aturu, claimed that he had been made to excrete a whopping 25 times none of which faecal material contained traces of illegal substances. The NDLEA did not contradict this statement in court. The "Supernatural" dimension to Baba Suwe's saga As earlier pointed out, the views of the people were divided about the "real" involvement of Baba Suwe in his NDLEA saga. While many people believed the comedian had been unduly molested, harassed and subjected to traumatic ordeal by the anti-drug agency many others kept believing and propagating the rumour that he must have carried the alleged drug! One would have thought that after the final outcome of the matter, everybody would have been reasonably convinced of the comic's innocence. Or how else could you justified the fact that he never excreted any drug for more than three weeks in detention; that the NDLEA could not bring any charge and the court freed him eventually? But the diehard doubters would point in the direction of metaphysics to answer these reasonably unassailable posers. The attitude of these cynics seemed rooted in the traditional belief of the people which at times would stand both logic and empiricism on their heads. This writer met one of such doubters at a joint and the middle aged-man did not only claimed he believed Baba Suwe ingested drug, he also claimed to know the "secrets" of how a person could evade detection in such circumstances. The man (name withheld) demonstrated this by placing his open palm on his lower abdomen and then sweeps it up towards his chin gently. He said if you don't want to excrete a drug or other things you have ingested, each time you want to go to toilet just chant the appropriate incantation on your palm, then place it on your navel and brush it up like this, you would never excrete any drug! When this writer told him that what he was saying could only pass for another comedy, he fired a repartee "Are you not an African?" A variant of the above belief equally anchored on supernatural is the theory that Baba Suwe had ingested some charms for personal protection which was wrongly picked by the scanning machine as drug. "What their (NDLEA's) machine saw in Baba Suwe tummy was not a drug at all; it was a protective ado (That is a small gourd reckoned to possess magical powers) which he is using for protection against his enemies. It was not a drug that the machine saw! Be that as it may, these are kinds of widespread beliefs/rumour that added some colour to the drama while it lasted. Baba Suwe fights back: The N100m Naira suit All along, Baba Suwe, through his counsel had threatened the agency with lawsuit for unlawful incarceration. It was initially reported that he would file a billion naira lawsuit against the agency for wrongful detention. Eventually, Omidina through his lawyer, Mr. Bamidele Aturu, filed a N100m fundamental rights enforcement suit against NDLEA at the Ikeja High Court. In the suit he was praying the court to declare among others that his arrest and detention constituted an infringement of his rights under Section 35 and 36 of the 1999 Constitution. After hearing arguments from his lawyer, Aturu, on Wednesday October 26, the presiding judge, Justice Yetunde Idowu, ordered the NDLEA to produce Omidina on November 1, 2011. The conditional bail The NDELA complied with the order and Baba Suwe was brought to court on November 1, 2011. Justice Idowu granted him the bail in the sum of N500, 000 with one surety in like sum. She however stated that the bail would take absolute effect on Friday, November 4, if Baba Suwe does not excrete the suspected narcotic drugs. That day, November 4 was the day the 15-day order granted by the Federal High Court would lapse, which was why Justice Idowu did not make the grant of bail to take immediate effect. The judge also directed that Baba Suwe's international passport should be deposited with the Chief Registrar of the court, pending the determination of the substantive suit. NDLEA's last gasp: the "sodomization" of Baba Suwe Immediately Baba Suwe was granted bail on November 1, 2011 by Justice Idowu as narrated above, the anti-drug law agency knew the matter was slipping out of its hand. It would have to release Baba Suwe before November 4, or face the contempt of court. Then, in last desperate efforts, the NDLEA rushed the actor to its private hospital in Victoria Island where their captive was subjected to serious and rigorous tests than ever before. Narrating his experience in court three days later, Baba Suwe stated as follows before Justice Idowu "The day after I was granted bail, they just came and took me to a hospital in Victoria Island. When we got to the hospital, they put something in my mouth and another in my anus. Justice Idowu was displeased by this disclosure and showed it. The judge said "This is not proper. This is a human being and not a robot. I don't feel comfortable with this. At least, the man deserves some respect regardless of the fact that he is in your custody. "You are doing that kind of test without his consent and the knowledge of his counsel!" After Aturu told the court that his client had perfected the conditions of bail granted him earlier, the judge freed Baba Suwe with the following words. "I wish you well. Take care of yourself. You are free to go home and enjoy sallah with your family" Although Baba Suwe was detained altogether for 24 days, he was compensated for the first nine days during which NDLEA held him illegally. In her judgment on the Baba Suwe's N100 million naira suit delivered on November 24, 2011, Justice Idowu ordered the NDLEA to pay N25 million as compensatory damages to Baba Suwe . The nine days the court referred to was between October 12, (the day of his arrest) and October 21, (the day the anti-drug outfit obtained a court order to keep him for another 15 days). Justice Idowu who described NDLEA's action as a flagrant abuse of the actor's constitutional rights further ordered the NDLEA to "publish within 21 days a public apology to the comedian in two widely read national newspapers in the country. The said apology must be made in conspicuous places in the newspaper" Inside the court premises on that day, there was maximum jubilation by fans, professional colleagues, and members of the family and sympathizers of Baba Suwe. O ya' gbe ti! Will Baba Suwe turn bitter experience into video? After this ordeal, Baba Suwe's popularity seemed to have soared while the image of his adversary, the NDLEA, seemed to have taken a bashing. Speculations are rife as to what lies ahead for the protagonists in this pseudo anti-drug warfare which fizzled into comedy of errors. Many people are calling on the comic actor to turn his experience into a Nollywood chartbuster. It will be recalled that Wunmi, after her own ordeal in the NDLEA net, rolled out "Egbogi Oloro"- a film documenting her bitter experience. Baba Suwe should also release such a biographical film, the fans suggested. Although Wunmi's film could not exactly be called a huge commercial success, Baba Suwe's fans believe his case would be much different not only because he was adjudged innocent but also because he was actually awarded damages. They also believe that the enhanced popularity and sympathy he gained from his ordeal could translate into making his next film a bestseller. Some people have gone as far as suggesting titles for such a film. Titles such as "O ya'gbe ti" (He refused to succumb to forced excretion); Igbe d'owo (Faeces metamorphosed into money! an apparent reference to the damages awarded to him for his ordeal) and, "Igbe lowo wa" (There is lucre in shit!) Since all these excretion-themed titles were used to applaud Baba Suwe by his fans who thronged the court premises each time he was brought to court, such a theme in film may not be a bad idea after all. As for the NDLEA, which has emerged from this saga as the bruised party, it has some few options. To start with, since the judgment is a High Court judgment, it may choose to appeal it. A line of action it has announced already Secondly, the agency may strike an amity deal with their former illustrious captive with a view to making him its anti-drug ambassador. This may entail the agency entering into multi-million naira contract with the actor to produce a series of film with anti-drug campaign as the theme. This kind of option may, well, result in win-win situation for the two parties.
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