This piece is to provide highlights to the litigation regarding the alleged organ harvesting case brought by National Agency for the Prohibition of Trafficking in Person, NAPTIP, against Alliance Hospital before Justice Kezziah Ogbonnaya of the Federal Capital Territory High Court.
During the first day of the trial regarding the organ trafficking case, NAPTIP introduced its primary witness, Oluwatobi Saliman, who was questioned by NAPTIP’s legal representative, Hassan Tahir. In the court session held on Monday, Saliman, who is also a donor, detailed the process of signing pertinent documents prior to the surgery. He recounted visiting the Federal High Court in Abuja to sign a declaration of age, and upon returning to the hospital, he confirmed that he signed a document stating that his kidney donation was voluntary and not for financial gain, emphasizing that the recipient was a family member.
He stated that following the surgery, he contacted Emmanuel Olorunlaye (also known as Mayor), the individual who escorted him to the hospital, and requested for the remaining balance of N1 million from him as he had spent the little funds previously provided.
During the cross-examination, the defense counsel, Afam Osigwe, SAN, inquired whether the man had signed an affidavit and could verify that he declared himself to be 18 years old in the affidavit at the time of signing. The man affirmed this.
This raised significant inconsistencies in his age, as he informed the court that he was 16 years old, but claimed to be 17 in his sworn affadivit in the civil case
In regards to his connection with the recipient, the senior attorney sought confirmation from him whether the patient, Egbuson Samson, to whom he graciously donated his kidney, was a blood relative, as captured in the consent form. Additionally, he sought confirmation that the decision to donate his kidney was made of his own volition. The individual affirmed that he executed an affidavit at the high court using a light pen, and also signed the necessary consent forms prior to the surgical procedure.
During his testimony, he mentioned that after the surgery he journeyed to Ibadan; however, in a sworn statement to NAPTIP, he indicated that he traveled to Lagos.
The witness unequivocally stated that at no point was he coerced or pressured by any individual to donate his kidney. He emphasized that the decision to undergo the organ donation procedure was entirely voluntary and made of his own free will.
Day Two
On the second day of the hearing, NAPTIP introduced its second witness, Yahaya Musa, who was questioned by Hassan Tahir, legal counsel for NAPTIP. Musa testified that he encountered Abdul in his community, who informed him of the opportunity to sell his kidney for One Million Naira at Alliance Hospital. Following his independent verification of the information, he visited the hospital and liaised with an individual named Mayor, who he stated guided him through the process. Musa claimed that he is 16 years old during his testimony. He also affirmed that he signed the necessary consent form and affidavit at the Federal High Court.
During the rigorous cross-examination conducted by Afam Osigwe, a Senior Advocate of Nigeria (SAN), various inconsistencies were highlighted in the witness’s oral testimony, his sworn affidavit at civil matter and his affidavit at the court. One such inconsistency pertained to his age; he claimed to be 16 years old in court, stating he was 17 years in the sworn affidavit, and asserted in his age declaration that he was 18 years old.
The defense counsel, who was keen on ensuring coherence in the witness’s accounts, also identified additional discrepancies. For instance, in his sworn affidavit of a civil matter, the witness alleged that Abdul had fled when the police and his father attempted to apprehend him, whereas during his oral testimony, he claimed that Abdul had been arrested. The witness concluded by disavowing most of the content in the sworn statement, asserting that it was not reflective of his own words and had not been authored by him.
Another incorrect claim was made when he stated in court that the Mayor instructed him to stay in a hotel until his wound healed, whereas in his sworn affidavit he clearly stated that it was Dr. Aremu who recommended the hotel stay after the surgery.
The witness concluded by asserting that the majority of the content in the affidavit he sworn to in a civil matter presented by NAPTIP does not belong to him and was not authored by him. Upon inquiry from the defense, he confirmed that he had never considered withdrawing from the procedure.
When questioned by the defense counsel regarding his awareness of the contents of the consent form and the potential consequences, Musa stated that he was fully cognizant of the details. He mentioned that Dr. Aremu assured him that the surgeries would be conducted smoothly and safely, and he proceeded with the surgery after agreeing to the terms.
The defense counsel inquired whether the defendant was fully cognizant of the contents of the consent form he signed and the potential consequences. Musa affirmed that he had a thorough understanding, as Dr. Aremu assured him that the surgical procedures would be smooth and safe, and no harm would befall him. Consequently, he consented to and underwent the surgery.
When questioned by the defense counsel about his acquaintance with any of the staff members of Alliance Hospital, specifically Dr. Christopher Otabor, Chikaodili Ugochukwu, and Dr. Aremu Abayomi, Musa responded negatively, stating that he had never encountered any of them.
Eager to ascertain any possible connection with the hospital, the defense counsel inquired whether any staff members of Alliance Hospital had given Musa money in cash or deposited funds into his bank account. Musa denied this, clarifying that his first interaction with Dr. Otabor occurred after the surgery when they were both summoned by the police for questioning.
The witness confidently stated that he had requested one million naira as payment, which Mayor promptly provided after the surgery took place. It raises questions as to why the witness, who had signed a consent form with his photograph, claimed to be donating his kidney to a family member without any mention of financial gain, only to eventually receive payment for his organ donation. This discrepancy in the witness’s initial statement and subsequent actions brings into question the true motives behind the kidney donation and the financial transaction that followed.
The witness made it very clear that he was not influenced or forced by anyone to donate his kidney. He stressed that he freely chose to undergo the organ donation process without any external pressure. His decision was completely voluntary and came from his own desire to help others in need.
Day Three
On the third day of the trial, Aminu Yahuza, a 25-year-old man, was called as a witness by NAPTIP. During the cross-examination by the defense counsel, the first document presented to him was a statement on oath provided to NAPTIP. Yahuza vehemently denied the statement, asserting that he neither made the statement nor signed it.
Discrepancies arose regarding his place of origin. While testifying orally, Yahuza stated that he was from the Yelwa Local Government Area of Plateau State, which contradicted the information documented in the NAPTIP statement indicating that he hails from Mangu LGA.
Moreover, Yunusa’s narrative regarding his encounter with the accused individuals, Dr. Christopher Otabor, Chikaodili Ugochukwu, and Dr. Aremu Abayomi, was found to be lacking in coherence. Initially, he mentioned that his acquaintance Abdul had relayed to him that an individual named Mayor was interested in selling their kidney. However, he subsequently asserted that a manager had reached out to his intermediary, Mayor, directly. Nevertheless, Yunusa ultimately maintained that he had not come into contact with any hospital staff until Mayor escorted him to the medical facility.
Bar Afam SAN argued that Yunusa had previously arranged the sale of his kidney for one million naira with Mayor and Abdul before any interaction with Alliance Hospital. He emphasized that none of the hospital staff provided him with compensation for the donation. Yunusa corroborated this assertion, affirming that he did not receive any form of payment from any hospital official.
The witness adamantly affirmed that he was never manipulated or influenced by anyone to contribute his kidney. He stressed that the choice to proceed with the organ donation process was completely voluntary and a result of his own volition.
Upon examination of the witnesses’ testimonies, it is evident that there are discrepancies in their accounts, with one consistent detail being that Alliance Hospital did not offer them remuneration in exchange for their kidneys.
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The presiding judge, Justice Kezziah Ogbonnaya, adjourned the proceedings to April 21st for the continuation of the hearing.
