Federal Capital Territory High Court sitting in Zuba, Abuja has admitted affidavit evidence sworn to by Oluwatobi Saliman, a kidney donor as an exhibit in the ongoing hearing of charges on alleged illegal organ harvesting filed by the National Agency for the Prohibition of Trafficking in Person(NAPTIP) against five persons.
NAPTIP filed a 11 counts charge bordering on organ harvesting against the Medical Director of Alliance Hospital, Dr Christopher Otabor, Emmanuel Olorunlaye, Chikaodili Ugochukwu, Administrative Secretary of the hospital and Dr Aremu Abayomi.
Trial court judge,Justice Kezziah Ogbonnaya, admitted the sworn affidavit in evidence last Monday when NAPTIP called the first prosecution witness Oluwatobi Saliman.
Saliman led in evidence in chief by NAPTIP counsel Hassan Tahir told the court he was 16 years old at the time when one Emmanuel Olorunlaye ( also known as Mayor) offered to give him N1m for one of his kidneys.
But , while being cross examined by the defendants counsel , Afams Osigwe SAN, who asked Saliman if he signed an affidavit and can confirm that he stated that he was 18 years old in the said affidavit as at the date of the affidavit, the witness answered in the affirmative.
Court audience noted the glaring discrepancies in his evidence on age as had earlier in his oral evidence in chief told the court that he was 16 years, even as he claimed 17 years in his statement of oath with NAPTIP.
The witness further admitted that he signed relevant documents before the surgery and that he sworn to the affidavit at the federal High court, Abuja, and he was 18 years old.
Saliman further said that when he returned to the hospital he also signed a document that he was not donating his kidney to be compensated,and he assured the hospital authorities that the recipient is his relative .
The witness said that after the surgery he met Emmanuel Olorunlaye ( also known as Mayor) the man that brought him to the hospital and demanded for N1 million from him because he had finished using the small money he gave him.
On his relationship with the kidney recipient the senior lawyer asked if he could confirm that the patient, Egbuson Samson, to whom his kidney was donated was his relative and that he was not being compelled to donate his kidney. He answered that he signed on a light pen at the high court for the affidavit and signed the consent documents before the surgery.
The witness said that after the surgery he travelled to Ibadan, but stated in his statement on oath that he told NAPTIP that he travelled to Lagos.
On the second day of the hearing, NAPTIP presented it’s second witness Yahaya Musa, he was led in evidence by Hassan Tahir counsel for NAPTIP,
In his testimony he said he met with one Abdul in his neighborhood who told him whether he is willing to sell his kidney for One Million Naira that if he wants he should accompany him to Alliance Hospital.
He said that he went to the hospital liaison with one Mayor whom he claimed directed him. He further told the court that he was 16 years and that he signed the ascent form and sworn to an affidavit at the federal high court Abuja in which he claimed he was 18 years old.
Under cross examination by Afam Osigwe, SAN, the witness admitted to the discrepancies contained in his oral testimony, his statement on oath and his sworn affidavit about his age.
The counsel pointed it out that while he claimed 16 years in his oral testimony in court, he had told NAPTIP that he was 17 years in the statement on oath and claimed 18 years old in the court affidavit he presented to the hospital.
The defence counsel who was concerned about inconsistency in the witness testimony, wondered aloud if he was a witness of truth.
Counsel also drew the witness attention to the inconsistencies in his claim that to the statement on oath, he had told NAPTIP that Abdul escaped when the police and his father went to arrest him, while in his oral testimony he said that Abdul was arrested.
The witness concluded by saying most of the things on the statement of oath are not his and they were not written by him .
Then the defence counsel asked if there was any time he intended to opt out of the process , he said no.
The defence counsel ,asked whether he is aware of what he signed in the consent form and the possible repercussions ,Musa said he was so much aware to the extent that Dr Aremu told him that surgeries will be smooth and safe and nothing will happen to him, that he agree and proceeded with the surgery.
When asked by the defence counsel if he knows any of Alliance Hospital staff; Dr Christopher Otabor, Chikaodili Ugochukwu and Dr Aremu Abayomi. He answered in the negative explaining that he has never met with any of them.
Curious to establish any atom of relationship with hispital, the defence counsel asked the witness if at any time a staff of Alliance gave him money in cash or made payment into his bank account if he has any, the witness said no, and added that he came contact with Doctor Otabor for the first time when the police invited them for investigation.
On the day three of the trial, A 25 years Aminu Yahuza was called as witness by NAPTIP counsel. He narrated how his friend Abdul informed him that one Mayowa wanted him to sell his kidney.
But under cross examination by the defendants counsel Afam Osigwe SAN, the witness denied knowledge of his own statement on oath to NAPTIP, he completely denied the statement, claiming that he neither deposed to it nor signed it.
Afam SAN contended that Yunusa had already negotiated the deal to sell his kidney for one million naira with Mayowa and Abdul before any involvement with Alliance Hospital, emphasizing that none of the hospital officials offered him money for the donation. Yunusa affirmed this position, stating he was neither offered nor collected any money from any official of the Hospital.
Further hearing on the matter has been adjourned to May 21, by Justice Kezziah Ogbonnaya,