Actor and movie producer , Yomi Fabiyi has threatened to drag the NDLEA to the Supreme Court if they do not act right by paying his colleague Babatunde Omidina (Baba Suwe) the sum of N25 Million awarded in his favor by a court of competent jurisdiction after he was arrested and tortured for allegedly ingesting cocaine in year 2011.He maintained that some pipes used by the agency in their cause of investigation and torture of his colleague has affected his health and he deserved to be compensated.
It was gathered that the National Drug Law Enforcement Agency (NDLEA) did not pay the comic actor Babatunde Omidina popularly known as baba Suwe, the N25 Million Naira compensation awarded by the High Court as compensation for incarcerating him over suspicion of drug possession because the judgement by the lower court was appealed by the agency and a substantive ruling was entered in favor of the agency and same was never proceeded to a higher court.This was made known through an interview granted by Head, Public Affairs of the Agency, Mr. Mitchell Ofeyeju.
It is of great importance that i enlighten the public on the actor's right to drag the agency to the Apex court, the meaning of substantive ruling relied on by the agency, the NDLEA .
Who can appeal a judgement and how?
A right of appeal is exercise able at the instance of any party to the civil proceeding in the High Court with the leave of the High Court of the Court of Appeal , at the instance of any person having an interest in the matter.The Constitution of the Federal Republic of Nigeria (Sec. 243) states that for an applicant to appeal as a person having an interest in a matter, he must show not only that he is a person interested and that the order made prejudicial affects his interest.
What is substantive ruling? Is this enough ground not to pay the money awarded.
Substantive ruling is the part of the law that creates, defines and regulates rights and responsibilities of parties in civil proceedings.Also, on whether the agency is obliged to compensate the comic actor, it is trite law that once a judgement has been overruled in an appeal court, the earlier judgment by a lower court cannot be enforced except there is a contrary decision by the Supreme Court.Therefore, since the actor did not deem it fit to appeal against the substantive ruling, the ruling stands and this will prevent him from benefiting from the earlier judgement.The court is not a father Christmas and will never grant what was never prayed.
Does Baba Suwe have the right of Appeal?
Yes, he does by virtue of Section 243 of the Constitution and decided case of OWENA BANK V. N.S.E (1997) 8 NWLR PT515 , where it was held that either a plaintiff or defendant may exercise a right of appeal but a party appealing must have been aggrieved by the decision.Therefore, baba Suwe may or may not appeal the judgement, it all depends on whether he was aggrieved by the ruling.
Can the ruling be appealed in year 2016 ?
Equity aids the vigilant, By virtue of the Court of Appeal Act, a notice of appeal or notice of application for leave to appeal must be filed within time,In ALADEGBAMI V. FASANMADE (1988) 3 NWLR PT 81,P.129 where it was held that time to appeal begin to run against an appellant once he has notice of the decision he is complaining about, an appeal against a final decision is to be made within three months of notice of the decision.A leave for enlargement of time within which to be appeal can be filed by the appellant , the power to extend time is only vested in the Court of Appeal.
Can Actor, Yomi Fabiyi sue the NDLEA as purported by him?
It is only a party to a proceeding who is aggrieved by the decision of the court that can appeal against such decision, the actor can bring an action that his colleague was maliciously tortured or went beyond their powers provided under their Act, if any, by torturing his colleague and many more depending on what his reason for bringing the action is,but not to appeal a judgement that he was never a party to.
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Thank you.
Cremelawyer
So he cannot appeal in 2016 right?
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