David Ukpo, the alleged organ harvesting victim of Ike Ekweremadu has prayed the Abuja Division of the federal high court not to release his biodata to the senator and his wife.
Ukpo, who is currently in the United Kingdom (UK) had filed the motion on notice through his lawyer, Bamidele Igbinedion on August 15 before Justice Inyang Ekwo.
Ukpo argued in his application that the reliefs sought by the Ekweremadu’s violated his fundamental and civil rights to privacy guaranteed under the law.
On July 1, the court had granted an order by the Ekweremadus requesting that the NIMC and banks furnish the couple with the certified true copies of Ukpo’s biodata information in their care to enable them present the documents before the UK court.
The judge granted the order following an application dated June 27 filed by Mr Ekweremadu and his wife.
The Ekweremadus through their lawyer, Adegboyega Awomolo, SAN, had filled the suit against NIMC, the Comptroller General Nigeria Immigration Service (NIS); Stanbic-IBTC Bank; United Bank of Africa (UBA) and Nigeria Inter-Bank Settlement System.
They asked the court to direct the respondents to release Ukpo’s information
Relief sought by Ukpo
Ukpo prayed the court for an order setting aside the court ruling made on July 1. and that of July 6 in the suit marked: FHC/ABJ/CS/984/22.
He sought among other reliefs “An order or perpetual injunction, restraining Ekweremadu and his wife and all the respondents from executing or further execute the ruling.
“A further order setting aside the execution or any execution of or compliance with the ruling delivered by this Honourable Court on the 1s! day of July, 2022 and the Order of this Honourable Court made on the 6th day of July, 2022 in suit no: FHC/ABJ/CS/984/2022 by any of the respondents”
Mr Ukpo argued that “The proceedings in this suit were not done in compliance with the Order 34 Rules 4 and 7(2)(a) of the Federal High Court (Civil Procedure) Rules 2019 and Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),”
He also argued that the said court lacked the jurisdiction ab initio to have entertained the suit or granted any or all of the reliefs sought therein.
He averred that the entire proceeding was conducted in breach of his fundamental rights to fair hearing and privacy as he was neither made a party to the said originating motion nor was he served with any of the processes in the suit.
He argued that. “The government agencies and the banks which were made nominal parties to the suit did not oppose Ekweremadus’ application in any manner because their interests and civil rights were not engaged by the application and reliefs sought therein.
The presiding judge fixed September 13 for the hearing of the motion on notice filed by Ukpo.
Back story
- The couple was arrested in June by the Metropolitan police on allegations of trafficking a 21-year-old for the purpose of organ harvesting.
- They were accused of plotting to traffic 21-year-old David Ukpo from Nigeria to the United Kingdom to transplant his organs to their daughter who is suffering from kidney failure.
- While Senator Ike was charged with conspiracy to arrange or facilitate the travel of another person with a view to exploitation, namely organ harvesting, Beatrice was charged with arranging or facilitating the travel of another person with a view to exploitation, between August 1 last year and May 5, under the Modern Slavery Act 2015.
- The alleged victim had claimed he was 15 and that he was brought to donate his kidney without his consent.
- However, records provided by the NIMC proved that the boy was 21 years old and not the 15 years he had claimed.
- The Westminster Magistrates’ Court in its ruling held the alleged victim is not a minor.
- Nairametrics had previously reported that Obinna Obeta, a 50-year-old doctor from Southwark, South London was accused of plotting with the couple to traffic the 21-year-old boy.
