Ike Ekweremadu, former Deputy Senate President, and his wife, Beatrice, on Tuesday, September 13, prayed a Federal High Court, Abuja to dismiss an application filed by David Ukpo, the kidney donor, asking the court to set aside its orders made on July 1 and July 6.
Ukpo, through his lawyer, Bamidele Igbinedion, had filed a motion on notice, urging Justice Inyang Ekwo to set aside the orders, directing some agencies of government and banks to release his biodata to Ekweremadu and his wife.
Ukpo, who is currently in the United Kingdom (UK) in connection with the alleged organ harvesting charge against the Ekweremadus, had said that granting the couple’s request violated his fundamental rights to privacy guaranteed by Section 37 of the 1999 Constitution (as amended).
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But in a counter affidavit deposed to by Bright Ekweremadu, the immediate younger brother to the ex-deputy Senate President, the applicants said Ukpo was not entitled to the reliefs sought as the law does not permit such.
The counter affidavit, marked FHC/ABJ/CS/984/2022, was dated and filed on Sept. 8 by their counsel, Adegboyega Awomolo, SAN.
In a 20-point argument, Ekweremadu averred that though the court gave its ruling on July 1, Ukpo’s right to a fair hearing was not breached.
He said 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 have 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.
“That the courts in the United Kingdom are already seised of the documents” and that he was in the last criminal proceeding where the documents were used.
He said 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
Upon resumed hearing in the matter, Ojonugwa Oguche, counsel for Ukpo, 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.
Counsel to the respondents, including that of the Ekweremadus, Eyitayo Falogun, SAN, did not oppose the request and Justice Ekwo adjourned the matter until Sept. 20 for a hearing at the instance of Ukpo’s lawyer.
The judge then ordered all parties to file and exchange their processes before the next adjourned date.
