Justice Inyang Ekwo of the Federal High Court, Abuja, has on Tuesday, fixed September 20 to hear the fresh application by David Ukpo, the young man in the middle of the kidney donation controversy for the daughter of the former Deputy President, Senator Ike Ekweremadu and his wife, Beatrice.
Ukpo, in an application by his lawyer, Bamidele Igbinedion, asked the court to set aside the orders it made on July 1 and 6.
In the said order, the court had directed some government agencies and banks to release his biodata to Ekweremadu and his wife as proof that he is not a minor as claimed.
Reacting, however, Igbinedion argued that granting the Ekweremadus’ request to release Ukpo’s biodata in his absence violated his rights to fair hearing and privacy as guaranteed under Section 37 of the Constitution.
In an counter affidavit deposed to by Bright Ekweremadu, the Ekweremadus asked the court to dismiss the application, arguing that Ukpo was not entitled to the reliefs sought as the law does not permit such.
Ekweremadu averred that though the court gave its rulings on July 1 and 6, 2022, Ukpo’s right to fair hearing was not breached.
He stated that the documents which the court ordered the agencies and banks to release have been transmitted to the UK and same 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.
“The documents which are already in evidence before those Honourable Courts in the United Kingdom cannot be retrieved by this honourable court.
“The courts in the United Kingdom are already seized of the documents” and that he was in the last criminal proceeding where the documents were used,” he said.
Ekweremadu added that the documents were required to prove the actual age of Ukpo, who claimed to be 15 years of age, but believed to be well over 21 years of age.
He stated that if the applicant (Ukpo) had not lied about his age he has nothing to fear and the document would hear him out.
“That the orders of the Honourable Court made on the Ist and 6th of July, 2022 are the final orders of court,” he said.
Ukpo’s lawyer, Ojonugwa Oguche told the court that he was served with the counter affidavit by the Ekweremadus shortly before the commencement of the proceedings and sought time to study the counter affidavit and respond accordingly.
Lawyers to the respondents, including Eyitayo Falogun (SAN), who represented the Ekweremadus, did not oppose to Oguche’s request.
Ruling, Justice Ekwo adjourned till September 20 for hearing and ordered parties to file and exchange all necessary processes before the next adjourned date. Read more.