A Federal High Court in Abuja has dismissed a lawsuit seeking to overturn orders that allowed Ike Ekweremadu, former Deputy Senate President, access to David Ukpo’s biodata for use in a UK court.
Naijaonpoint reports that in a ruling delivered on Wednesday, Justice Inyang Ekwo held that the Edo Civil Society Organisations (EDOSCO), which filed the suit on Ukpo’s behalf, lacked the legal standing to do so.
The judge ruled that under Article 3(e) of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREPR 2009), an entity without legal personality cannot sue or be sued.
Judge Criticizes EDOSCO’s Application
Justice Ekwo noted that the applicant in the case was clearly EDOSCO, as confirmed by Bamidele Igbinedion, counsel to EDOSCO. However, he criticized the lawyer for avoiding explicitly stating this in the application while disclosing it in the supporting affidavit.
The judge also sided with the Ekweremadus’ argument, stating that the prayers in the motion were not related to fundamental rights enforcement.
Furthermore, Ekwo ruled that the case had become academic, as the information requested had already been used in the UK trial, leading to Ekweremadu’s conviction in May 2023.
Background of the Case
In June 2022, the London Metropolitan Police arrested and charged Ike and Beatrice Ekweremadu for allegedly bringing David Ukpo to the UK for organ harvesting.
At the time, UK authorities claimed that Ukpo was 15 years old, but his passport and BVN records showed he was 21.
On June 27, 2022, the Ekweremadus, through their lawyer Adegboyega Awomolo, filed a suit (FHC/ABJ/CS/984/2022) at the Federal High Court in Abuja, seeking an order directing the National Identity Management Commission (NIMC) to provide Ukpo’s certified true copy (CTC) of biodata.
On July 1, 2022, Justice Ekwo ordered the NIMC, Nigeria Immigration Service (NIS), Stanbic IBTC, and UBA to supply Ukpo’s information to the Ekweremadus.
Ekweremadu’s UK Conviction
In March 2023, a UK court convicted Ekweremadu, his wife Beatrice, and Dr. Obinna Obeta for conspiring to traffic a young man for organ harvesting, under the UK’s Modern Slavery Act of 2015.
On May 5, 2023, the court sentenced: Ike Ekweremadu to 9 years and 8 months in prison, Beatrice Ekweremadu to 4 years and 6 months, Obinna Obeta to 10 years.
The trial judge, Jeremy Johnson, ruled that Beatrice should serve half her sentence in custody and spend the remaining time on license.
She has since been released from prison and has returned to Nigeria.