The National Drug Law Enforcement Agency (NDLEA), on Wednesday, asked Justice Yetunde Idowu of a Lagos High Court sitting in Ikeja for an order of stay of execution on her judgment delivered on November 24, 2011 pending the determination of the appeal filed by the agency on December 6, 2011 against the judgment.

NDLEA Director of Prosecution and Legal Services, Mr Femi Oloruntoba, while moving the application before the court stated that the agency would be prevented from performing its statutory functions as well as prosecuting the appeal if it was made to pay the judgment sum of N25 million as it is half of its monthly available resources.

The NDLEA based its application for stay of judgment execution partly on the grounds that there exists an appeal and substantial grounds for appeal, that the judgment of the Court of Appeal would be rendered nugatory if the agency succeeds, that the court lacks jurisdiction to have adjudicated on the subject matter or award damages or make the orders it made.

The other grounds are the fact that NDLEA had shown that lack of fund would deprive it of prosecuting the appeal and carrying out its statutory duties and that Mr Babatunde Omidina (Baba Suwe) would not be able to refund the judgment sum of N25 million if NDLEA succeeds on appeal.

However, Mr Bamidele Aturu, counsel for Baba Suwe, while urging the court to refuse the application for stay of execution in respect of the judgment, asked the court to give an order mandating NDLEA to deposit the judgment sum with the chief registrar of the court, who will in turn deposit it in an interest yielding account pending appeal.

Justice Idowu adjourned the matter till March 2, 2012 for ruling.

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