The UK police claim that the organ donor for the daughter of Senator Ike Ekweremadu`s daughter who is bed reading in a UK hospital is a 15 year old child has been countered by Mr Isah Idris, the Comptroller General of Nigerian Immigration.

In a statement released by the Nigeria Immigration Service (NIS) on Sunday the agency confirmed that David Ukpo is an adult of 21 years old, according to the birth certificate presented during the processing of the Ukpo`s Nigerian international passport.

Clariform reports that the age of 21 is lawfully an adult age both in Nigeria and the United Kingdom. The Nigerian Child`s Right Act in particular considers a child to be one below the age of 18years.

TAKEAWAY

It is currently not entirely very clear what constitutes the entire facts and bases for the allegations against Senator Ekweremadu and his wife, at leat not yet.

Nevertheless, Clariform reminds our readers that the UK police had claimed in their press release that the couple were accused of involving in the facilitating the travel of a “child” into the United Kingdom for the purpose of “organ harvesting”.

Therefore, while the confirmation from the Nigerian Immigration Service does not entirely exonerate the Enugu born senator and his wife, it however helps to clear any doubt about the age of the “organ donor”, at least from the Nigerian angle.

Nevertheless, until the entire facts of the case becomes available, it will be too early to rule out any developments that may still give rise to complications about the actual age of the organ donor who for all intent and purpose is the major witness against Ekweremadu who is been tried under UK law and not Nigeria.

Clariform also clarifies that the age of the organ donor is not the only fact that matters in the offence of “organ harvesting” under the United Kingdom laws, as the offense mostly arises from almost same facts that constitutes a lawful organ donation.

OTHE LEGAL ISSUE TO CONSIDER

In addition to the issue of age of the organ donor as a factor, there is also the issue of consent, which is as important as the former in some cases under the UK law.

Without looking at the various complex positions regarding organ donation and  transplant as they amply in the four UK jurisdictions of England, Wales, Scotland and the Northern Ireland, Clariform reports that what is cardinal in all these regions is the concept of consent as it applies to the donor.

There are different scenarios and requirements in organ donation, which may be for a transplant during a donor`s lifetime (living donor), or after the death of the donor.

Anyone can consent or refuse to consent to the donation of his/her organs to be used for others (transplanting) after life (when he/she is gone). This is the process of “opt in” or “opt out” process regulated by the United Kingdom health body, the NHS.

There are processes, requirements and procedures for this “opt in” or “opt out” concept, but they do not apply to the case of Senator Ike Ekweremadu and his wife, except to mention that a child (below 18 years) cannot be assumed to have “opt in” to donate an organ to other.

In addition, while still alive a child may or may not be a “living donor”, depending on the actual age and the UK region in question.

Whose responsibility it is, to give a lawful consent for organ donation (whether the donor personally or parents) is also a relevant factor. This also depends on whether the donor is a child or an adult.

If the donor is a child then the actual age of the child and the UK region becomes the next considerations.  For instance, children in Scotland can self-authorise from 12 years of age.

BACKGROUND

Clariform reported that on Thursday, the Enugu born Senator, who currently represents Enugu West district in the upper chamber of the National Assembly, was arrested alongside his wife in the United Kingdom.

They were accused of conspiring to bring a child to the United Kingdom with the intention of organ harvesting, a known crime and punishable under the laws of the European country.

The Metropolitan Police news report about the incident tiled “Two people charged with conspiracy offences linked to allegations of organ harvesting”, which was update at 10:45 on Thursday reads as follows:

“A woman and a man were charged today (Thursday, 23 June) with conspiring to arrange the travel of a child into the UK in order to harvest organs.

The charges follow an investigation by the Metropolitan Police’s Specialist Crime team.

[A] Beatrice Nwanneka Ekweremadu, 55 (10.9.66) of Nigeria is charged with conspiracy to arrange/facilitate travel of another person with a view to exploitation, namely organ harvesting.

[B] Ike Ekweremadu, 60 (12.05.62) of Nigeria is charged with conspiracy to arrange/facilitate travel of another person with a view to exploitation, namely organ harvesting.”

He was arraigned the same day before a Magistrate Court in Uxbridge presided over by Magistrate Lois Sheard, but was not released thereafter. Ekweremadu pleaded not guilty to the charges, but his bail application was denied and matter adjourned to July 7th 2022.

The UK Attorney General is reportedly reviewing the case with a view to deciding if the trial will continue on the adjourned date.