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Court rejects Ukpo’s bid to overturn orders for release of biodata to Ekweremadu

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A Federal High Court in Abuja on Wednesday dismissed an application filed by David Ukpo’s, seeking to set aside two court orders related to the release of his biodata to Senator Ike Ekweremadu for a trial in the United Kingdom.

The orders were made on July 1 and 6, 2022, and were part of a legal battle involving Ekweremadu and his wife, Beatrice, over allegations of organ harvesting, Diaspora digital media (DDM) reported.

Justice Inyang Ekwo, in a ruling, determined that the Edo Civil Society Organisations (EDOSCO), which filed the motion on Ukpo’s behalf, did not have the legal standing to bring the case.

The judge emphasized that EDOSCO, lacking legal personality, was not authorized to file the application in the court.

Justice Ekwo pointed out that it was clear from the affidavit supporting the motion that the applicant in the case was EDOSCO, not Ukpo himself.

Ukpo had previously sought a court order to quash the rulings made in July 2022, which allowed the National Identification Management Commission (NIMC), Nigeria Immigration Service (NIS), and several banks to release his biodata to the Ekweremadus’ legal team in the UK.

The information, including Ukpo’s Bank Verification Number (BVN), was crucial for the Ekweremadus’ defense against charges of organ trafficking.

The couple had been involved in a high-profile legal battle in the UK, where they were accused of conspiring to transport Ukpo, allegedly a minor, for the purpose of organ harvesting.

In his ruling, Justice Ekwo noted that the motion was not intended to enforce Ukpo’s fundamental rights but to address procedural issues regarding the orders for the release of his information.

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He pointed out that the counsel for the applicant had failed to provide sufficient evidence that Ukpo had authorized EDOSCO to act on his behalf.

The judge stated that, had Ukpo truly wished to challenge the orders, he should have filed a fresh action under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

The case stems from a 2022 incident in which the Ekweremadus were accused of attempting to facilitate Ukpo’s travel to the UK for an organ transplant.

The court’s earlier orders were aimed at securing Ukpo’s personal details to aid in the couple’s defense.

Despite Ukpo’s objections, the court upheld the legality of the release of his biodata.

The Ekweremadus’ legal team, led by Senior Advocate of Nigeria (SAN) Adegboyega Awomolo, argued that Ukpo, whose whereabouts were initially unclear, could not have instructed EDOSCO to file the case on his behalf.

They also emphasized that there was no legal basis for a third party, such as EDOSCO, to represent Ukpo in challenging the orders.

Awomolo contended that previous cases cited by the applicant were unrelated to situations where a third party claims to act on behalf of someone else without their explicit instruction.

Justice Ekwo agreed with the Ekweremadus’ arguments, stating that the application was not appropriate for the enforcement of fundamental rights.

He also noted that the information obtained from the court orders had already been utilized by the Ekweremadus in their trial in the UK.

The couple faced serious charges, with Ekweremadu receiving a nine-year sentence for organ trafficking, while Beatrice was sentenced to four and a half years in prison.

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Dr. Obinna Obeta, who was also implicated in the case, was sentenced to 10 years.

The case had gained international attention due to the involvement of prominent Nigerian figures in the alleged organ trafficking scheme.

Following the Ekweremadus’ conviction, their legal representatives sought to have Ukpo’s biodata released to aid their defense in the UK, which led to the initial court orders in 2022.

However, after the trial and the conviction of the couple in May 2023, the need for the information became less relevant.

In his ruling, Justice Ekwo emphasized that the legal process should not be used to address academic or irrelevant matters.

He clarified that the orders made in 2022 had already served their purpose, and that the motion filed by Ukpo’s representatives could not be entertained.

The judge further stated that the requests made in the application had become irrelevant, as the Ekweremadus had already been convicted, and the case was no longer ongoing.

The case between Ukpo and the Ekweremadus had been a complex and controversial one, involving multiple legal issues and procedural challenges.

The initial orders for the release of Ukpo’s biodata were seen as a critical part of the Ekweremadus’ defense in the UK, but the court’s decision to dismiss the application shows the challenges faced by those seeking to reverse judicial orders that have already been executed.

In conclusion, the court’s ruling reaffirmed the principle that only those with legal standing can bring cases before the court.

The dismissal of Ukpo’s application highlights the complexities of legal procedures in high-profile cases and the importance of following proper legal channels to protect fundamental rights.

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As for the Ekweremadus, their conviction in the UK stands, and the legal proceedings surrounding their case continue to evolve.

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