Ukpo also sought an order of perpetual injunction restraining Ekweremadu and his wife and all the respondents from executing the ruling.
By Jeffrey Agbo
David Ukpo, the young man alleged to have been taken to the UK by the former Deputy Senate President, Ike Ekweremadu and his wife Beatrice for alleged organ harvesting, has urged a Federal High Court, Abuja to set aside its order made on July 1 directing some agencies of government and banks to release his bio-data to the Ekweremadus.
Ukpo, who is currently in the United Kingdom (UK), said granting the couple’s request violated his fundamental rights to privacy guaranteed by Section 37 of 1999 Constitution (as amended).
Ukpo, through his lawyer, Bamidele Igbinedion, filed the motion on notice on August 15 before Justice Inyang Ekwo.
Ukpo also sought an order of perpetual injunction restraining Ekweremadu and his wife and all the respondents from executing the ruling.
“A further order setting aside the execution or any execution of or compliance with the ruling delivered by this Honourable Court on the 1s! day of July 2022 and the Order of this Honourable Court made on the 6th day of July 2022 in suit no: FHC/ABJ/CS/984/2022 by any of the respondents,” the motion read.
He said the court lacked the jurisdiction ab initio to have entertained the suit or granted any or all of the reliefs sought therein.
Ukpo recalled that on June 27, Ekweremadu and his wife, filed an originating motion before the court, praying for the disclosure of his bio-data Information, bank mandate card and account opening package, application form for international passport and the bank verification information to use in the criminal trial at the Uxbridge Magistrates Court, United Kingdom.
Ukpo said despite the fact that the said reliefs were sought against his fundamental and civil rights to privacy guaranteed by the law, and his interest adversely affected by the aforesaid reliefs, he was neither made a party to the said originating motion nor was he served with any of processes in this suit to enable him to respond thereto.
He argued that the government agencies and the banks which were made nominal parties to the suit did not oppose Ekweremadus’ application in any manner because their interests and civil rights were not engaged by the application and reliefs sought therein.
He said he became aware of the said ruling through social media reports on Facebook and he was deeply aggrieved with the said order(s).
According to him, the entire proceedings in the suit were conducted in breach of the fundamental rights of the applicant to a fair hearing and privacy which are guaranteed by the law.
“The proceedings in this suit were not done in compliance with the Order 34 Rules 4 and 7(2)(a) of the Federal High Court (Civil Procedure) Rules 2019 and Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” he added.
When the matter was mentioned on Tuesday, counsel for the Ekweremadus, G. O. Maduka, said he appeared in court in protest.
Justice Ekwo adjourned the matter until September 13 for a hearing.