By Adekoye Vincent, Abuja
Hearing in the alleged case of organ (Kidney) harvesting involving the Managing Director of Alliance Hospital, Abuja, Dr Christopher Otabor, and three other members of staff of the Hospital climaxed yesterday following the testimony of one of the Prosecution Witnesses (PW8), Mr. Liman Yusuf Shehu and another witness, Mr Lanre Akande, whose account was alleged to have been used to send money to organ harvesting victims.
It was a bitter mixed grill for defense team as the Court overruled their objection to the tendering of the statement of the 1st defendant, Emmanuel Muyiwa Olorunlaye by the PW8 the NAPTIP Investigating Officer, as an exhibit in the case. He is alleged to be the major recruiter of victims for organ harvesting for the hospital.
It would be recalled that the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), has arraigned a 51-year-old prominent Abuja – based Medical practitioner, Dr. Christopher Otabor, and three other members of his staff, before a High Court of the FCT sitting at Zuba, presided over by Hon. Justice Keziah Ogbonnaya, for an alleged organ (Kidney) harvest.
The defendant owns the famous Alliance Hospital, located in the highbrow Garki area of the Federal Capital Territory (FCT), Abuja, which has been enmeshed in the alleged organ harvest controversy since the past year involving some persons.
Arraigned with him are Emmanuel Muyiwa Olorunlaye, male (36 years), Chikaodili Ugochukwu Female (37 years), and Dr. Aremu Abayomi, male (43 years).
The defendants were slammed with an 11-count charges bothering on the procurement of persons, accommodation of persons, and performing surgical operations on three victims namely Adebayo Salaudeen Saliman, male (17yrs), Yahaya Musa, male (17yrs), and Aminu Yahuza, male (25 yrs), for the removal of their organ (kidney) and committed offences contrary to Section 20 (2) (a) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under Section 20(2) (b) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.
First to testify on Tuesday 21st May, 2024 was an Abuja–based businessman, Lanre Akande who told the Court how the First defendant, Emmanuel Muyiwa Olorunlaye, alleged to be the recruiter of the victims, requested for his account to be used to send money to someone which he obliged and a sum of N500, 000 was sent through his account to the person.
A few months later, while trying to make a transaction in the same account, he was told that the account had been frozen following a letter from NAPTIP. This was followed by his arrest and interrogation by the Agency.
Thereafter, the Lead Prosecution Counsel and Director, Legal and Prosecution Department, NAPTIP, Mr. Hassan Hamis Tahir, invited the PW8, Mr. Liman Yusuf Shehu, to testify.
The witness who is a Principal Intelligence Officer with the Agency held the Court spellbound for more than 3 hours as he narrated with good memory, the blow-by-blow account of the investigation he carried out on the case.
He told the Court how the case was reported by the parents of the Victims, how he took their statement following the laid down legal procedures, and invited the Victims, after which he extended his investigation to all concerned in the case.
Mr Liman explained how the victims were recruited, screened in the Alliance Hospital, and their Kidney removed depicting a syndicate activity.
From the statements of the victims, their parents, and the witnesses, he explained to the Court the roles of each of the defendants ranging from the recruitment, screening of the victims, obtaining of consent, actual removal of the kidney by the surgeon, payment for the kidney and the discharge of the victim.
The heat of the movement was at the point the Prosecution team led by the Director, Legal, and Prosecution Department, NAPTIP, Mr. Hassan Hamis Tahir, sought to tender the statement of the 1st, 2nd, 3rd and 4th defendants, as Exhibits.
While there was no objection to the statement of the 2nd, 3rd, and 4th defendant by the defence Counsel, there was a vehement objection to the tendering of the statement of the 1st Defendant, by the defence Counsel, Richard Adepoju and Mazi Afam Osigwe, SAN.
While the Counsel to the 1st defendant, Richard Adepoju, objected to the tendering of the statement citing section 29 of the Evidence Act which bothered on inducement and involuntariness of confessional statements, Counsel to the 2nd, 3rd and 4th defendant, Mazi Afam Osigwe, SAN, submitted that the statement did not meet the requirements of section 15(4) and section 17 (2) of the Administration of Criminal Justice Act (ACJA) 2015 to the effect that a statement written, recorded electrically and must be taken in the presence of a Legal Practitioner, Legal Aid Counsel or Justice of Peace.
In his submission the Prosecution Counsel lead by Mr. Hassan Tahir, Director, Legal and Prosecution Department, NAPTIP, hinged their argument on the provision of the Evidence Act which emphasizes relevance as the basis for admissibility of evidence adding the word “May” in the above provision is not mandatory but rather discretionary.
In her ruling, the Presiding Judge Hon. Justice Keziah Ogbonnaya, held that the defence Counsel’s submission of alleged inducement and involuntary was not substantiated adding that the fact that the statement was written by the Investigation Officer based on the fact that the 1st defendant had an injury on one of his finders under caution, read to him twice after which he counter signed, shows that it was voluntary.
On the submission by Mazi Afam Osigwe, SAN, the Judge said the word “May “in the provision of the Administration of Criminal Justice Act, 2015 is discretional and not mandatory. She explained the “Trinity of Justice upon which a statement could be admitted which include voluntariness and relevant to the case at hand, must meet the requirement of the law.
She thereby overruled the objection of the defence Counsel and admitted the statement as an Exhibit.
There was also cross-examination of the PW8 by defence counsel and the prosecution thereafter closed its case.
The case was later adjourned to July 2nd for hearing of the no-case submission which was advanced by the Defence Counsel at the close of the prosecution’ s case.
Adekoye, is the Communication Officer, NAPTIP
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