The supposed kidney donor, Ukpo, is currently in the United Kingdom after alleging that he was trafficked to the country by the lawmaker and his family for organ harvesting.
The embattled former Nigerian Deputy Senate President, Senator Ike Ekweremadu and his wife, Beatrice, have asked the Federal High Court sitting in Abuja to dismiss an application filed by David Ukpo, against the release of his biodata.
The supposed kidney donor, Ukpo, is currently in the United Kingdom after alleging that he was trafficked to the country by the lawmaker and his family for organ harvesting.
Ukpo, through his lawyer, Bamidele Igbinedion, had filed a motion on notice, urging Justice Inyang Ekwo of the Federal High Court to set aside the orders directing some agencies of the government and banks to release his bio-data to Ekweremadu and his wife.
Ukpo, in the application, argued that granting the Ekweremadus' request is tantamount to violating his fundamental rights to privacy as provided and guaranteed by Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
But on Tuesday, the couple prayed the Court to dismiss Ukpo's application and also to set aside its orders made on July 1 and July 6.
The Punch reports that in a counter-affidavit deposed to by the immediate younger brother of the former Deputy Senate President, Bright Ekweremadu, the applicants, argued that Ukpo was not entitled to the reliefs sought as the law did not permit such.
In a 20-point argument of the counter affidavit marked FHC/ABJ/CS/984/2022, dated and filed on September 8 by the Ekweremadus' counsel, Adegboyega Awomolo (SAN), the lawmaker noted that though the court gave its ruling on July 1, Ukpo’s right to fair hearing was not breached.
They maintained that the documents which were released by the agencies and banks upon the orders of the court had 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 had subsequently formed part of the record of the courts".
“That I know as a fact that the documents which are already in evidence before those Honourable courts in the United Kingdom cannot be retrieved by this Honourable Court," he said.
According to him, the documents were required to prove the actual age of Ukpo, who claimed to be 15 years old but believed to be well over 21 years of age.
He said if the applicant (Ukpo) had not lied about his age, he had nothing to fear and the document would hear him out.
He said, “That the orders of the Honourable Court made on July 1 and 6, 2022 are the final orders of the court."
It was upon resumption of hearing in the matter that the counsel for Ukpo, Ojonugwa Oguche, informed that he was served with a counter-affidavit by the Ekweremadus earlier in the morning and would need to reply on points of law.
It was gathered that the counsel for the respondents, including the Ekweremadus, Eyitayo Falogun (SAN), did not oppose the request and Justice Ekwo adjourned the matter until September 20 for hearing at the instance of Ukpo’s lawyer.
Justice Ekwo, therefore, ordered all parties to file and exchange their processes before the next adjourned date.
The News Agency of Nigeria (NAN) earlier reported that on June 27, Ekweremadu, who is currently the Senator representing Enugu West Senatorial District, and his wife, in an application dated and filed on June 27 by Awomolo, sued the National Identity Management Commission (NIMC) and four others following the criminal charge filed against them in the UK.
The suit had the Comptroller General, Nigeria Immigration Service; Stanbic-IBTC Bank; United Bank of Africa and Nigeria Inter-Bank Settlement System Plc as second to fifth respondents respectively, but the fifth respondent was later dropped from the charge.
The NAN report noted that Ekweremadu had sought the order of the court directing all the respondents to release to them certified true copies of Ukpo’s biodata information in their care to enable them to present the documents before the UK court and the judge granted the request on July 1.
Similarly, Justice Ekwo also made an order on July 6, directing the NIMC to release Ukpo’s information to the Ekweremadus in line with the earlier court order.
However, it was gathered that Ukpo, who sought an order setting aside the court proceedings and the ruling, also prayed for an order setting aside the proceedings and the order made on July 6.
Ukpo in his application further sought an order of perpetual injunction, restraining Ekweremadu and his wife and all the respondents from executing the court ruling.