David Ukpo, who accused the former Deputy Senate President, Ike Ekweremadu and his wife, Beatrice, of organ harvesting has approached the Federal High Court, Abuja, to set-aside its ruling that ordered the release of his bio-data.
Ekweremadu sponsored David’s trip to the United Kingdom, UK but things later went bad.
Ukpo, in a motion he filed through his team of lawyers led by Bamidele Igbinedion, accused Ekweremadu and his wife, who are currently facing trial before the Uxbridge Magistrate Court in the UK, of violating his fundamental human rights.
He alleged that the duo approached the court to secure his private information, without joining him as a party in the suit.
Ukpo decried that the court presided by Justice Inyang Ekwo, on July 1, without hearing from him, ordered the National Identity Management Commission, NIMC, and the Comptroller-General of Nigerian Immigration Service, to provide the Certified True Copy, CTC, of his bio-data and bank opening details to Ekweremadu.
He noted that Justice Ekwo, in a subsequent ruling on July 6, directed that the bio-data should be forwarded to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, for same to be transmitted to the court in the UK.
While querying the jurisdiction of the court to issue such orders, Ukpo, argued that Ekweremadu and his wife ought to have joined him and the AGF, Malami, as necessary parties in the matter.
He argued that reliefs the court granted, were against his fundamental and civic rights to privacy, guaranteed under section 37 of the 1999 Constitution, as amended.
According to him, “the Attorney-General of the Federation was also not made a party to the suit to enable the interest of the Federal Government to be represented, seeing that the effect of the order was to be utilized in a foreign country, namely the United Kingdom.
“The Applicant became aware of the said ruling through social media reports on Facebook and the Applicant was deeply aggrieved with the said order(s)”, Ukpo added in a 15-paragraph affidavit that was deposed on his behalf by one Fati Hauwa Bello.
He maintained that the entire proceedings in suit No. FHC/ABJ/CS/984/2022, was conducted in breach of his fundamental rights to fair hearing and privacy which are guaranteed by the Constitution, thus rendering the proceedings a nullity ab-initio.
Besides, Ukpo, accused Ekweremadu and his wife of misleading the court, insisting that the consent of the AGF was not sought for the transfer of his information to Uxbridge Magistrate Court in the UK.
“This honourable cannot be used to aid persons facing criminal trial in foreign countries.
“It is in the interest of justice to set-aside the entire proceedings.
“Unless the matter is heard urgently, irreparable damage and serious mischief would have been done to the Applicant as the 1st and 2nd Applicants/Respondents would have taken undue advantage to take the Applicant’s bio-data and other personal information to their own use in Uxbridge Magistrate Court in the UK”, the affidavit further read.
Meanwhile, Justice Ekwo, on Tuesday, fixed September 13 to hear Ukpo’s application which has Stanbic IBTC Bank, United Bank for Africa Plc and the Nigeria Inter-Bank Settlement System Plc, as 3rd, 4th and 5th Respondents, respectively.
It will be recalled that the London Metropolitan Police had arrested and charged Ekweremadu and his wife to court for allegedly bringing a child (Ukpo) to the UK for organ harvesting.
Though the UK police alleged that Ukpo was 15 years old, however, personal details on both his International Passport and Bank Verification Number, BVN, subsequently revealed that he is about 21 years old.
Ekweremadu and his wife had maintained that Ukpo’s National Identification Number, NIN, with No:19438077110, which is in the possession of NIMC, should be produced for the purpose of facilitating the criminal investigation as well as tendering same to establish their innocence with respect to the age of the alleged victim, in the criminal charge pending against them.
They equally sought an order, directing the Immigration boss to supply them with documents and application form of David Nwamini Ukpo, which was presented for the issuance of his International passport with No. BO0569974.
More so, they sought an order of court directing the Stanbic-IBTC Bank to supply the applicants with the CTC of mandate card and account opening package of account No. 0032551834 maintained by its customer, Ukpo, with Bank Verification Number 22509616391 in the custody of the bank, for the purpose of tendering same to establish their innocence.
As well as an order of court directing UBA to supply the applicants with the CTC of mandate card and account opening package of account No. 2195739574 maintained by Ukpo with Bank Verification Number 22509616391 in the custody of the bank, for the purpose of tendering same to establish before the court in the UK.
Though Ekweremadu is still in detention, the UK court, on July 26, released his wife on bail.
Their trial was subsequently adjourned till October 31.
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