News
Alleged Organ Harvesting: Court Rules On Ukpo’s Application, Dec 5
A Federal High Court, Abuja, yesterday, fixed December 5, 2022, for ruling on an application filed by the kidney donor, David Ukpo, asking the court to set aside its orders made on July 1 and July 6, which gave former Deputy Senate President, Ike Ekweremadu, and his wife, Beatrice, access to his bio-data.
Justice Inyang Ekwo fixed the date after counsel for parties in the suit adopted their processes and presented their arguments.
Ukpo, through his lawyer, Bamidele Igbinedion, had filed a motion on notice marked: FHC/ABJ/CS/984/202, urging the court to set aside the orders, directing some agencies of government and banks to release his bio-data to Ekweremadu and his wife.
Ukpo, who joined the Ekweremadus as applicants/respondents in the motion, also listed the National Identity Management Commission (NIMC) (1st respondent); and four others in the application.
Others mentioned in the motion are the Comptroller General (C-G), Nigeria Immigration Service (NIS); Stanbic-IBTC Bank; United Bank for Africa (UBA) and Nigeria Inter-Bank Settlement System Plc as 2nd to 5th respondents, respectively, but the 5th respondent was later dropped from the charge.
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 1999 Constitution (as amended).
But in a counter affidavit deposed to by the immediate younger brother to the ex-deputy Senate president, Bright Ekweremadu, the applicants said Ukpo was not entitled to the reliefs sought as the law does not permit such.
The counter affidavit was dated and filed on September 8 by their counsel, AdegboyegaAwomolo, SAN.
In a 20-point argument, Bright averred that though the court gave its ruling on July 1, Ukpo’s right to 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 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.”
At the resumed hearing, yesterday, EyitayoFalogun, SAN, who appeared for the Ekweremadus, adopted his applications, and urged the court to dismiss Ukpo’s request.
He said he was aware that a coalition of civil society organisations under the auspices of the Edo Civil Society Organisation (EDOSCO), initiated the motion on Ukpo’s behalf.
Falogun, who called the attention of the court to Ukpo’s motion, described EDOSCO as “a meddlesome interloper.”
MuazuDikwa, lawyer to NIMC, argued that the orders made by court on July 1 and July 6 were in line with Section 2.11 of the National Data Protection Regulation (NDPR), 2019.
According to him, the regulation says that every transmission of data to a foreign land shall be done under the supervision of the Attorney-General of the Federation (AGF).
He, therefore, prayed the court to dismiss Ukpo’s application.
Lawyers representing other respondents also asked the court to discountenance the motion.
But counsel for Ukpo, BamideleIgbinedion, disagreed with their submission.
He said that contrary to Dikwa’s argument, “Sections 2.2 and 2.3 of the NDPR requires that if anyone applies for another person’s bio-data, one must put the subject person on notice that there is an application for the disclosure of his or her personal information which is held by government.”
Igbinedion argued that there was no authority given to government to disclose personal information of any Nigerian without putting that Nigerian on notice.
He, therefore, contended that the court did not have jurisdiction to have ordered the release of Ukpo’s bio-data to the AGF for onward transmission to the UK in the first instance.
He added that the respondents, including the Ekweremadus, had not shown that the court had the statutory jurisdiction to order the disclosure of private information held by government.
The lawyer prayed the court to grant the reliefs sought and reverse the orders.
Justice Ekwo adjourned the matter until December 5 for ruling.
In an interview shortly after the hearing, Igbinedion told newsmen that public information was covered by the Freedom of Information Act which authorises the court to disclose public information where proper application was made.
“What Ekweremadu sought was not public information but private information of a Nigerian citizen,” he said.
He said if the court “grants their prayers, it means that the information was obtained illegally and the UK court cannot rely on it.”
Igbinedion, who said he had urged the court, in his reply on points of law, to disregard Bright Ekweremadu’s averment, said Ukpo’s documents that were released had not been used in the UK court because trial has not commenced.
“We said in our reply that you don’t rely on oral evidence to tell the court about what happens in another court.
“So, we urge the court to disregard that,” he said.
On June 27, Ekweremadu, who currently represents Enugu West Senatorial District, and his wife, Beatrice, had, in an application dated and filed on June 27, sued NIMC and four others following the criminal charge filed against them in the UK.
They had sought the order of the court directing all the respondents to release to them certified true copies of Ukpo’s bio-data information in their care to enable them present the documents before the UK court and the judge granted the request on July 1.
He directed that the documents should be released to the AGF for onward transmission to the UK.
Besides, Ekwo also made an order on July 6, directing NIMC to release Ukpo’s information to the Ekweremadus in line with the earlier court order.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.