Justice Yetunde Idowu of a Lagos High Court, Ikeja has ordered the National Drug Law Enforcement Agency (NDLEA) to pay N25million judgment fee awarded to a Nollywood actor, Mr. Babatunde Omidi
na, aka Baba Suwe, within 21 days.
Justice Idowu gave the order yesterday while ruling in an application for stay of judgment brought by the NDLEA pending determination of an appeal it filed against the judgment of the court.
She, however, granted the agency’s prayer for a Stay of Execution of the judgment.
“I grant a conditional stay of execution. The N25 million judgment debt should be paid to the Chief Registrar of the Lagos High Court who will in turn pay it into an interest-yielding account of a bank that both parties choose.
“The money should be paid within 21 days from today”, she ordered.
Justice Idowu pointed out that the applicant has not given sufficient proof to show that paying the money will harm its operation in any way.
“What was brought is a mere piece of paper that does not show any details of spending and expenditure”, she noted.
Justice Idowu remarked that collecting a bank guarantee in lieu of the judgment debt pending appeal means leaving the money with the debtor to do as he wishes until the case is determined.
NDLEA had applied to the court for an order of Stay of Execution on her judgment delivered on November 24, 2011 pending the determination of the appeal it filed on December 6, 2011 against the judgment.
NDLEA Director of Prosecution and Legal services, Mr Femi Oloruntoba, while moving the application before the court had argued that the agency will be prevented from performing its statutory functions as well prosecuting the appeal if it is made to pay the judgment sum of N25 million as it is half of its monthly available resources.
He had also asked the court for any other order that it may deem fit to make in the circumstance while stating that the agency is contesting the judgment in its entirety.
Other grounds on which NDLEA based its application for stay of judgment execution include the fact that NDLEA has shown that lack of fund will deprive her from prosecuting the appeal and carrying out her statutory duties and that Baba Suwe will not be able to refund the judgment sum of N25 million if NDLEA succeeds on appeal.
On the issue of public apology, NDLEA stated that if it is made to publish an apology to the respondent in two national dailies as ordered by the court, the apology cannot be retracted if the appeal succeeds, adding that it’s right to appeal will be highly prejudiced.
However Mr. Bamidele Aturu, the counsel to Mr Babatunde Omidina, opposed the application for stay of judgment execution on the basis that the ground of jurisdiction, stating that ‘it does not hold water’
“It is our position that the submission of NDLEA’s counsel relating to stay of execution can hardly be faulted but the overriding principle is that the successful party in litigation should not be refused the fruit of litigation”, said Aturu.
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