National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has told Justice Kezziah Ogbonnaya of the High Court of the Federal Capital Territory (FCT) of its resolve to close its case against Alliance Hospital.
This followed its witness, a senior investigator’s failure to establish beyond reasonable doubt documented evidence of financial transactions between organ donors and the hospital.
The hospital applied to the court sitting in Zuba, in pursuant to section 302 of the Administration of Criminal Justice Act, 2015, filed a no-case-submission in the suit between it and the NAPTIP.
Earlier in the proceedings, the prosecution counsel called two witnesses, Akande Lanre (PW7) and Liman Shehu (PW8), who told the court all they knew about the alleged kidney transplant.
Shehu, a principal intelligence officer with NAPTIP, who was led in evidence by the prosecution counsel, said he investigated the matter and that he knew all the defendants.
Upon cross examination by Osigwe, the witness (Shehu) admitted that the kidney donors, Oluwatobi Saluiman (pw1), Yahaya Musa (pw2) and Aminu Yahuza (pw5) were not approached by Chikaodili (2nd defendant) to buy their kidney.
Shehu also admitted that the 2nd to 5th defendants did not give the pw1, pw2 and pw3 money for sale of their kidneys.
The PW8 also confirmed to the court that he collected Chikaodili’s phone, analysed it, and didn’t see any form of communication between her and the 1st defendant (Muyiwa) in respect of kidney.
“Did the analysis of the 2nd defendant’s phone show communications between her and pw1 for kidney?” Osigwe asked Shehu. “I can’t remember seeing any such thing,” the pw8 answered.
Shehu also confirmed their statements, the 2nd, 3rd and 4th defendants, that they are not involved in sourcing donors for recipients.
He also confirmed to the court that from the statements, Otabor and Chikaodili have been consistent.
More so, the pw8 told the court that he didn’t establish any form of communication between the phone numbers of Muyiwa and Chikaodili in respect of any kidney transaction.
“We didn’t check their bank accounts to establish any transaction. We only investigated human trafficking allegations and not financial transactions,” the PW 8 told the court.
On whether Oluwatobi, the 1st defendant gave an affidavit where he deposed to the fact that he was 18 years, Shehu said, “I didn’t remember that but I know the hospital gave me documents on the medical records of the pw1.
“I requested for the medical records of pw1 and it was given to me, but I can’t recall if an affidavit sworn at a High Court of the FCT was there.”
After witnesses were examined and cross-examined, Osigwe told the court about his intention to file a no case submission.
The prosecution lawyer did not raise any objection to the application.
Meanwhile, Justice Ogbonnaya has granted 14 days to counsel of the 2nd, 3rd, 4th and 5th defendants to file his no-case-submission, which runs concurrently with that of the 1st defendant.
The court equally gave the prosecution counsel 14 days to file a reply, just as the defence counsel was given seven days to reply on points of law.
