Court dismisses ‘rights violation’ suit filed by ‘kidney donor’ against Ekweremadu

A federal high court in Abuja has dismissed David Ukpo’s bid to overturn orders granting Ike Ekweremadu, the former deputy senate president, access to his biodata for use in a UK court.

In a ruling delivered on Wednesday, Inyang Ekwo, the presiding judge, held that the applicant, Edo Civil Society Organisations (EDOSCO), lacked the legal right to institute the suit on Ukpo’s behalf.

Ekwo held that the provision of article 3 (e) of the preamble to the fundamental rights (enforcement procedure) rules, 2009 (FREPR 2009), under which EDOSCO filed the suit, cannot be said to have granted any person without legal personality to sue or be sued in the court.

The judge held that by the averments made by Bamidele Igbinedion, counsel to EDOSCO, “it is clear that the applicant in this case is Edo Civil Society Organisations (EDOSCO)”.

“The counsel for the applicant knows this but cleverly avoided stating so on the face of the application and rather deposed to this fact in the affidavit in support,” the judge added.

Also, Ekwo agreed with the argument of the Ekweremadus that the prayers on the face of the motion paper were not prayers for the enforcement of fundamental rights.

The judge said the prayers on the motion paper had become academic and did not require any answer, nor could the court grant same.

“The information required for which this court gave order has been utilised as the respondents/applicants (the Ekweremadus) stood trial and were convicted in May 2023,” he said.

BACKGROUND

In June 2022, the London Metropolitan Police arrested and charged Ekweremadu and Beatrice, his wife, in court for allegedly bringing a child (Ukpo) to the UK for organ harvesting.

The UK authorities said the “child” had “been safeguarded,” while the police said their operatives “are working closely with partners on continued support”.

Although the London police said Ukpo was 15 at the time, his passport and bank verification number (BVN) showed he was 21.

In a suit marked FHC/ABJ/CS/984/2022 and filed on June 27, 2022, by Adegboyega Awomolo, counsel to the senator and his wife, at the federal high court in Abuja, the Ekweremadus prayed the court for an order directing the National Identity Management Commission (NIMC) to supply them with the certified true copy (CTC) of Ukpo’s biodata.

On July 1, 2022, Ekwo ordered the NIMC, Nigeria Immigration Service (NIS), Stanbic IBTC, and United Bank for Africa (UBA) to supply information on Ukpo to Ekweremadu.

In March 2023, Ekweremadu, Beatrice, and Obinna Obeya, a medical doctor, were convicted of conspiring to traffic a young man for organ harvesting under the UK’s Modern Slavery Act of 2015.

On May 5, 2023, Ekweremadu was sentenced to nine years and eight months in prison, his wife was sentenced to four years and six months, and Obeta was handed a 10-year prison term.

In his judgment, Jeremy Johnson, the trial judge, ruled that Beatrice should spend half of the sentence in custody and on license for the rest of the sentence.

Beatrice has been released from prison in the UK and has returned to Nigeria.