David Ukpo, the young man at the center of an alleged organ harvesting crime involving Senator Ike Ekweremadu and his wife, Beatrice, have asked a Federal High Court, Abuja to reverse its July 1 ruling that ordered the release of his bio-data in respect of a case against Ekweremadu and wife in a London Court.
Ukpo predicated his request on the grounds that the court violated his fundamental rights to fair hearing as well as Order 34 of the Rules of the Federal High Court.
Justice Inyang Ekwo of the Federal High Court had on July 1, in a ruling ordered the release of the bio-data as well as some documents containing his vital and private information to Ekweremadu and his wife to aid their defense of alleged organ harvesting charge in a London Court.
Justice Ekwo in another ruling, had ordered the Attorney General of the Federation to receive for onward transfer to the United Kingdom the same bio-data and other personal information of Ukpo to the Uxbridge Magistrate Court where the Ekweremadus are being tried for allegedly trafficking a minor to the UK for the purpose of organ harvesting.
They were arrested and arraigned before an Uxbridge Magistrate Court for allegedly inducing Ukpo, whom they believed was a minor to donate part of his organ to Ekweremadu’s daughter who is currently being treated at a London hospital.
While Mrs. Ekweremadu was granted bail few weeks ago, the Senator is still in custody since their arrest in June this year and may not be released until the conclusion of the trial.
While they pleaded not guilty to the charge, they further argued that Ukpo was not a minor and was never induced to donate his organ.
They had through their lawyers in Nigeria applied for an order directing relevant government institutions and banks to release the bio-data of the alleged victim so as to enable them effectively defend the charge; an order which was granted by the court.
However, Ukpo had expressed displeasure with the order on the release of his vital information to a London Court.
In a motion dated August 15, he faulted the entire proceedings of the court which led to issuance of the order, arguing that proper parties were not before the court when the reliefs of Ekweremadu and his wife were granted by the court.
According to him, neither him nor the AGF who was directed to transfer his bio-data to the UK were parties in the motion brought by Ekweremadu and his wife.
Respondents in the motion filed in June this year included the National Identity Management Commission (NIMC), Comptroller General, Nigeria Immigration Service, Stanbic IBTC bank, United Bank for Africa (UBA)) and Nigeria Interbank Settlement System.
However, in the motion filed on his behalf by Mr. Bamidele Igbinedion, the applicant submitted that his fundamental rights to fair hearing and personal privacy had been grossly breached.
Hence, he prayed the court to reverse its earlier order directing the release of his bio-data to Ekweremadu and his wife for their defense before Uxbridge Magistrate Court in London.
In the motion premised on 16 grounds, Ukpo claimed among others, that he was not heard before the order touching on his rights was issued in favour of Ekweremadu and his wife, adding that his consent was not sought and obtained before such an order was made in favour of the respondents.
He further argued that Ekweremadu and his wife are not investigators for the court to hand over such documents to them.
He therefore prayed the court to reverse its Orders of July 1 and 6 directing the release of his bio-data to the London Court as well as an order of perpetual injunction restraining the execution of the said orders by the Ekweremadus or their agents, etc.
Besides the bio-data, other documents to be released to the London Court included bank mandate card, account opening package and bank verification number.
Meanwhile, Justice Ekwo has fixed September 13 for hearing of the motion.