Opinion
Organ Harvesting Hearing: The Other Narrative of Nigerian Media
Since the organ harvesting story broke in August 2023, I have taken a keen interest in the case and followed it closely with an open mind. To understand the facts firsthand, I attended as many court sessions as possible. So far, I have not missed any, from the arraignment of the suspects to the ongoing hearings, which took place from Monday, 6th May, to Thursday, 9th May, 2024, until Honourable Justice Kezziah Ogbonnaya adjourned the hearing to Tuesday, 21st May, 2024. The revelations have been both intriguing and thought-provoking.
My experience in court during the four days of hearings, in which six prosecution witnesses testified and were cross-examined, was shocking and eye-opening. The headlines do not always communicate reality; media sensationalism often diverges from the facts. The courts, however, deal strictly with facts, not sentiments. As CP Scott said in 1921, “comments are free but facts are sacred.”
Although I have not attended many court sessions in my life, I am intelligent enough to recognize a fair process. I commend Justice Kezziah Ogbonnaya, the presiding judge, who is detailed, patient, and thorough. She frequently interjects during witness statements for clarity and reminds the audience of her legal right to do so.
The Latin maxim “ei incumbit probatio qui dicit, non qui negat” (the burden of proof rests on who asserts, not on who denies) played out during the testimonies and cross-examinations of the key witnesses. The 62-year-old judge listened attentively, waiting for key evidence to do justice to the matter before her.
So far, she appears disappointed with the prosecution’s representation. The key witnesses faltered several times under cross-examination by the defense counsel. On two occasions, Tuesday, 7th May, and Wednesday, 8th May, during the cross-examination of prosecution witnesses two and three respectively, the judge expressed her disappointment in Pidgin English, saying, “NAPTIP, una see una self?”
All three kidney donors, Oluwatobi Saliman (Prosecution Witness 1), Musa Yahaya (Prosecution Witness 2), and Yahuza Aminu (Prosecution Witness 3), admitted under cross-examination by defense counsel, Afam Osigwe, SAN, that they did not discuss the sale of their kidneys with any staff of Alliance Hospital and were not offered any money by the hospital staff. Notably, all prosecution witnesses stated that they never met the Medical Director of Alliance Hospital until they saw him at the police station when he came to bail his staff months after their surgeries.
The three donors testified that their agreement for the organ sale was with Abdulrahman and Mayor (the first defendant) and was made outside of Alliance Hospital. They were paid after the surgery, mainly via money transfers from the agents after their discharge from the hospital. They used the money to buy mobile phones and stay in hotels, according to their testimonies.
My independent observation shows that the initial storyline of the donors portrayed them as ignorant kids lured or forced into surgery. However, cross-examination and confrontation with defense documents revealed a pre-existing bargain and agreement of terms between the boys and the agents before they arrived at Alliance Hospital.
The defense counsel presented two documents to each of the three donors with the judge’s permission: an informed consent form signed by the donors and a court affidavit with their photographs and signatures. All the boys stated in their affidavit that they were above 18 and donated willingly without financial inducement. The judge asked if they signed the documents. The first two witnesses confirmed but claimed the content was not explained to them, while the third witness denied all documents presented, including his witness statement at NAPTIP. Nevertheless, the documents bore his pictures and similar signatures.
On the fourth day of the hearing, Thursday, 9th May, Abdullahi Mohammed, a phone dealer, testified that he received ₦500,000 as payment for a ₦290,000 phone on behalf of Oluwatobi Saliman, who lied that the transfer was from his uncle. The dealer deducted ₦290,000 and refunded the ₦210,000 balance. Apparently, the ₦500,000 was from an agent paying Oluwatobi for his kidney. All three donors admitted agreeing to receive one million naira for their kidneys. According to their testimonies, the recruiting agent was Abdulrahman, who has not appeared in court.
The NAPTIP chief prosecutor informed the court they have two more witnesses, including Mr. Liman Yusufu, the investigating officer. Hopefully, the other will be Abdulrahman. Mr. Yusufu was scheduled to testify on Thursday, 9th May, but the chief prosecution counsel, Barrister Hassan Tahir, reported that he developed headaches and was unable to testify. The judge suggested adjourning the hearing to the next day, Friday, 10th May, but the prosecution had other engagements. The hearing was rescheduled to Tuesday, 21st May, 2024.
Earlier, on Wednesday, 8th May, the prosecution brought the parents of Oluwatobi Saliman and Musa Yahaya to testify against Dr. Otabor Christopher, the Medical Director of Alliance Hospital. They alleged that Dr. Otabor approached them at the police station to withdraw the case in exchange for an out-of-court settlement, offering to cater to their children’s education. The prosecution tried to present this as an admission of guilt. The defense counsel moved to expunge the statement, arguing that settlement statements cannot be used as evidence in court. The judge ruled in favor of the defense, emphasizing that out-of-court settlements are encouraged by public policy and that using such statements as evidence could backfire.
Since the hearing began, I have read with surprise and pain the biased reports from some media outlets. Despite fewer than four media personnel in court, hundreds of media outlets have reported a syndicated bias. As an independent observer, I deduce a calculated attempt to malign certain actors, particularly Alliance Hospital and its medical director, Dr. Otabor. Sensational statements from prosecution witnesses are blown out of proportion, while cross-examinations that challenge these claims are ignored. This is a disservice to the nation, misleading the public.
Like witnesses in court, journalists should be made to swear an oath to unbiased reporting without fear or favor.
I look forward to the continuation of the hearing on 21st May, 2024, and ultimately for justice to be done and seen to be done.
***Comrade Muhammed Suleman writes from Abuja.
Heineken Lokpobiri, minister of state for petroleum resources, says the federal government plans to commence implementing the drill-or-drop provisions of the Petroleum Industry Act (PIA).
Section 94 of the PIA gives operators a period of three years to begin oil production or relinquish the assets to the federal government.
Speaking during the Cross Industry Group (CIG) meeting held on Tuesday in Florence, Italy, Lokpobiri said it is in the best interest of the country that all inactive wells go to work.
He said the federal government, under the leadership of President Bola Tinubu, has provided every necessary incentive to ensure international oil companies (IOCs) in Nigeria run smoothly and profitably.
“Now, it is imperative for these industry players to match the government’s efforts with increased investment by announcing final investment decisions (FIDs),” he said.
Furthermore, Lokpobiri discussed “the challenges, expectations, and measures to enhance the sector’s contributions towards domestic energy needs and regional expansion across Sub-Saharan Africa”.
He emphasised that while IOCs have highlighted engineering, procurement, and construction (EPC) contractors as a challenge, “EPCs will not come unless they see strong commitments from industry players”.
“The government has done its part to provide the requisite and investment-friendly fiscals, the ball is now in the court of the IOCs and other operators to make strategic investment decisions that will drive increased production and sustainability in the sector,” he said.
“We must also recognise that domestic crude supply is essential to national energy security. The best solution to this challenge lies in increasing production, which will ensure a balance between domestic supply obligations and external commitments.”
The minister further urged industry players to explore collaborative measures, such as shared resources for contiguous assets and the release of underutilised assets to operators ready to invest in production.
The Progressive Students Movement (PSM), a leading Pan-African student body, has commended the leadership of the Nigeria Police Force (NPF) in Ogun State under Commissioner of Police (CP) Lanre Ogunlowo, PhD, for its commitment to security and community engagement.
In a statement released on Thursday, the President of PSM Nigeria, Comrade Ambassador Okereafor Bestman, highlighted the CP’s efforts in strengthening collaboration between the police, stakeholders, and other security agencies to maintain peace and stability in the state.
“It is worthy of note that CP Lanre Ogunlowo, PhD, has further fostered a harmonious working synergy between the police, stakeholders, and other security agents aimed at ensuring peace and tranquility in Ogun State,” Okereafor said.
The student leader expressed confidence in CP Ogunlowo’s leadership, stating that Ogun State is on track to becoming one of the most peaceful states in Nigeria under his administration.
He also praised the professionalism and dedication of the Ogun State Police Command in tackling crime, regardless of its scale.
Additionally, PSM acknowledged the Ogun State government’s continued support for security agencies, particularly in providing mobility and logistics to enhance their operational efficiency.
The commendation comes at a time when security remains a top priority for residents and authorities in the state, with ongoing efforts to curb crime and ensure public safety.
BY ABUBAKAR YUSUF
On assumption of duty in January, 2025 , the new Universal Basic Education Commission, UBEC, Boss and well grounded World Bank expert , Aisha Garba envisaged the need to reposition the Basic Education through interfacing with the critical stakeholders.
Amongst them is the office of the National Security Adviser , NSA, led by Malam Nuhu Ribadu whose achievements in the last few years in the area of security has become distinct and outstanding.
Therefore, seeking to cooperate and collaborate with the office became germane and needful particularly the protection of lives and properties of actors in the promotion of Basic Education ranging from the pupils , teachers , workers and facilitators to enable it drive the new wave to curb Out of School Children OOSC in the country.
Aside providing the basic security arrangements for schools , the need to engage the security apparatus at the level of National Security Adviser NSA became needful, so as to address the sophistry of security problems in the country, to nip in the bud any unforseen circumstances.
With the high rates of kidnappings, abduction , banditry, cattle rustling, ritual tendencies among many other vices, the idea of bringing on board , the security architecture of the country in all ramifications will assist the commission to consolidate the implementation of Basic Education policies and programs, also introduce new ones .
Since pupils at the Primary, Junior Secondary and Secondary Schools are prone to such ugly development and security issues , the need to be proactive on the part of the commission became timely and desiring.
This led to the success story of the bilateral interface between the management of the commission and NSA, to streamline, perfect and chart a new course on the issue of security of actors in the Basic Education.
The visit described as timely and long overdue, discussed fruitfully the way forward and the immediate and long term intervention of both agencies in the area of collaboration.
According to the Executive Secretary, Universal Basic Education Commission UBEC, Dr Aisha Garba she stated by discussing” strategic initiatives aimed at enhancing educational access and security in Nigeria. ”
She further said” the engagement focused on strategies to address challenges such as the safety of schools, particularly in vulnerable regions, and the promotion of equitable education for all children.”
“the meeting highlighted the critical intersection between education and national security and the need for collaboration between UBEC and Office of the National Security Adviser (ONSA), on improving access to basic education and safety of safety schools across the nation. ”
“This collaboration underscores the government’s commitment to fostering a secure and inclusive learning environment as part of its broader agenda to strengthen the nation’s educational framework,” it added.
“UBEC boss had pledged to engage critical stakeholders to break down barriers to education and create inclusive learning opportunities for children across the six geopolitical regions of the country.”
“She said: “My goal is to deliver on this mandate which includes strengthening collaboration, partnerships and institutional learning for effective service delivery. ”
“Together, we will work to increase access, improve quality, provide conducive and safe learning environments, supply adequate teaching and learning materials, and adopt the concept of ‘best fit’ in addressing specific basic education challenges, state by state and region by region”.
Highlights of the program which included the engagement of both bodies with a commitment to ensure the introduction of security architecture in schools in Nigeria is achievable.
Written BY ABUBAKAR YUSUF on yus.abubakar3@gmail.com.