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Alleged Organ Harvesting: Court Rules On Ukpo’s Application, Dec 5
A Federal High Court, Abuja, yesterday, fixed December 5, 2022, for ruling on an application filed by the kidney donor, David Ukpo, asking the court to set aside its orders made on July 1 and July 6, which gave former Deputy Senate President, Ike Ekweremadu, and his wife, Beatrice, access to his bio-data.
Justice Inyang Ekwo fixed the date after counsel for parties in the suit adopted their processes and presented their arguments.
Ukpo, through his lawyer, Bamidele Igbinedion, had filed a motion on notice marked: FHC/ABJ/CS/984/202, urging the court to set aside the orders, directing some agencies of government and banks to release his bio-data to Ekweremadu and his wife.
Ukpo, who joined the Ekweremadus as applicants/respondents in the motion, also listed the National Identity Management Commission (NIMC) (1st respondent); and four others in the application.
Others mentioned in the motion are the Comptroller General (C-G), Nigeria Immigration Service (NIS); Stanbic-IBTC Bank; United Bank for Africa (UBA) and Nigeria Inter-Bank Settlement System Plc as 2nd to 5th respondents, respectively, but the 5th respondent was later dropped from the charge.
Ukpo, who is currently in the United Kingdom (UK) in connection with the alleged organ harvesting charge against the Ekweremadus, had said that granting the couple’s request violated his fundamental rights to privacy guaranteed by Section 37 of 1999 Constitution (as amended).
But in a counter affidavit deposed to by the immediate younger brother to the ex-deputy Senate president, Bright Ekweremadu, the applicants said Ukpo was not entitled to the reliefs sought as the law does not permit such.
The counter affidavit was dated and filed on September 8 by their counsel, AdegboyegaAwomolo, SAN.
In a 20-point argument, Bright averred that though the court gave its ruling on July 1, Ukpo’s right to fair hearing was not breached.
He said that the documents which were released by the agencies and banks upon the orders of the court had been transmitted to the UK, and had been “tendered at the Uxbridge Magistrate Court, and at the Central Criminal Court in the UK, and have subsequently formed part of the record of the courts.”
At the resumed hearing, yesterday, EyitayoFalogun, SAN, who appeared for the Ekweremadus, adopted his applications, and urged the court to dismiss Ukpo’s request.
He said he was aware that a coalition of civil society organisations under the auspices of the Edo Civil Society Organisation (EDOSCO), initiated the motion on Ukpo’s behalf.
Falogun, who called the attention of the court to Ukpo’s motion, described EDOSCO as “a meddlesome interloper.”
MuazuDikwa, lawyer to NIMC, argued that the orders made by court on July 1 and July 6 were in line with Section 2.11 of the National Data Protection Regulation (NDPR), 2019.
According to him, the regulation says that every transmission of data to a foreign land shall be done under the supervision of the Attorney-General of the Federation (AGF).
He, therefore, prayed the court to dismiss Ukpo’s application.
Lawyers representing other respondents also asked the court to discountenance the motion.
But counsel for Ukpo, BamideleIgbinedion, disagreed with their submission.
He said that contrary to Dikwa’s argument, “Sections 2.2 and 2.3 of the NDPR requires that if anyone applies for another person’s bio-data, one must put the subject person on notice that there is an application for the disclosure of his or her personal information which is held by government.”
Igbinedion argued that there was no authority given to government to disclose personal information of any Nigerian without putting that Nigerian on notice.
He, therefore, contended that the court did not have jurisdiction to have ordered the release of Ukpo’s bio-data to the AGF for onward transmission to the UK in the first instance.
He added that the respondents, including the Ekweremadus, had not shown that the court had the statutory jurisdiction to order the disclosure of private information held by government.
The lawyer prayed the court to grant the reliefs sought and reverse the orders.
Justice Ekwo adjourned the matter until December 5 for ruling.
In an interview shortly after the hearing, Igbinedion told newsmen that public information was covered by the Freedom of Information Act which authorises the court to disclose public information where proper application was made.
“What Ekweremadu sought was not public information but private information of a Nigerian citizen,” he said.
He said if the court “grants their prayers, it means that the information was obtained illegally and the UK court cannot rely on it.”
Igbinedion, who said he had urged the court, in his reply on points of law, to disregard Bright Ekweremadu’s averment, said Ukpo’s documents that were released had not been used in the UK court because trial has not commenced.
“We said in our reply that you don’t rely on oral evidence to tell the court about what happens in another court.
“So, we urge the court to disregard that,” he said.
On June 27, Ekweremadu, who currently represents Enugu West Senatorial District, and his wife, Beatrice, had, in an application dated and filed on June 27, sued NIMC and four others following the criminal charge filed against them in the UK.
They had sought the order of the court directing all the respondents to release to them certified true copies of Ukpo’s bio-data information in their care to enable them present the documents before the UK court and the judge granted the request on July 1.
He directed that the documents should be released to the AGF for onward transmission to the UK.
Besides, Ekwo also made an order on July 6, directing NIMC to release Ukpo’s information to the Ekweremadus in line with the earlier court order.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.