A High Court of the Federal Capital Territory sitting at
Zuba, Abuja, has barred the Managing Director of the popular Alliance Hospital,
Abuja, Dr. Christopher Otabor, from traveling outside Nigeria pending the
determination of the ongoing case of alleged organ (Kidney) harvesting
involving him and other members of his Staff.
It could be recalled that the National Agency for the
Prohibition of Trafficking in Persons (NAPTIP), had on the 18th of March 2024,
arraigned the 51-year-old 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, on a case of organ (Kidney) harvest.
According to Mr. Adekoye Vincent, Communication Officer, NAPTIP, the defendants were slammed with an 11-count charge 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) 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 same Act.
It could also be recalled that while ruling on the bail
application by Counsel to the defendants on the date of their arraignment, the
Presiding Judge, Hon. Justice Keziah Ogbonnaya, granted them bail on two
conditions.
First, they are to report daily at NAPTIP Headquarters, Abuja
& sign a register to that effect while the second condition is that they
will deposit their traveling documents with the Court.
Counsel to Dr.Chris Otabor who is the 4th defendant in the
case, Mazi Afam Osigwe, SAN, had filed an application for the Court to vary the
aforestated bail conditions to enable him to retrieve his passport, apply for a
Polish Visa, and travel out of Nigeria to Poland, to see his sick son who is in
a Medical University in Warsaw.
The Defence Counsel had argued that Dr. Otabor has continued
to fulfill the bail condition by reporting daily at NAPTIP Headquarters except
on dates slated for the Court sittings.
He further told the Court that Dr. Chris Otabor has not
interfered with the proceedings of the court in any manner, hence the request
for the bail variation.
Mazi Afam Osigwe also submitted that Dr. Otabor is the Chief
Medical Director of the renowned
Alliance Hospital, Abuja, with numerous employees, stressing that he
will not jump bail.
The prosecution vehemently opposed the application through
its lead Counsel, the Director, Legal
and Prosecution Department, NAPTIP, Mr Hassan Hamis Tahir.
He submitted to the Court that the application lacks merit.
Mr. Tahir also submitted that apart from the fact that the 4th
defendant has nothing to show that his son is sick abroad as claimed, he has
not proposed a condition for the variation of his bail condition and also
failed to provide a Surety to stand for him.
The Prosecution Counsel argued further that grating Dr.Chris
Otabor a variation that will enable him to travel out of Nigeria is tantamount
to releasing him without Security for his bail.
In her ruling, the Presiding Judge, Hon. Justice Keziah
Ogbonnaya, reminded both parties that even though bail is the right of any
person, the Court has the exclusive and discretionary power to grant a
variation of conditions stipulated for bail
She reminded all that the case at hand is purely a criminal
trial and that the 4th defendant(Dr. Chris Otabor is the arrowhead of the 5th
defendant (Alliance Hospital)
The presiding Judge further pointed out that the 4th
defendant has not attached any document to show the nature of the illness of
his son nor the name and location of the hospital where he is going to visit
his son, adding that the Court is not a Court of emotions.
She stressed further that Dr. Otabor has not presented any
person who can stand in his stead or a bail bond..
The Court posed the question,
“Can it be said that the Court stands on the side of justice
if this application for variation of the bail is granted”?
The presiding Judge stated that since there is no document to
prove that the son is sick and bearing in mind that his International passport deposited
in the Court is the security for his bail, granting a variation that enables
him to retrieve the passport will amount to setting him free.
The Court was also mindful that the defence has not opened its
case as yet and a hearing on a no-case submission advanced by the defence has
been fixed for July, 2nd, 2024.
“The Court does not feel that granting the application will
be in the interest of justice in this case”, the Hon. Judge concluded and she
dismissed the application for lacking merit.
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