A UK upper tribunal has overturned an earlier decision that halted the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian, after his wife, Maria Adesanya claimed that in vitro fertilisation (IVF) treatment was unavailable in Nigeria.

Ogunbawo, who was convicted in 2019 for immigration-related offenses, had initially avoided deportation when his wife, Maria Adesanya, argued successfully before a first-tier tribunal that removing him from the UK would extinguish her chances of having a child.

Maria had testified that IVF treatment, essential for their efforts to conceive, was unavailable in Nigeria, a claim the tribunal accepted.

In January 2023, Judge Malone of the first-tier tribunal ruled that deporting Ogunbawo would impose undue hardship on the couple, effectively blocking his removal.

However, the secretary of state for the home department challenged this decision, questioning the credibility of the claim about IVF availability.

The case was subsequently referred to the upper tribunal for review.

On November 4, 2024, the upper tribunal found that the first-tier tribunal had erred in its judgment by accepting Maria’s testimony without requiring independent evidence to back her assertions.

The upper tribunal pointed out that even a cursory search would have shown the existence of IVF services in Nigeria, undermining the foundation of the couple’s argument.

The judgment stated, “We conclude that the judge erred in exclusively relying upon Ms. A’s (referring to Maria) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria,” the upper tribunal ruled.

“In circumstances where neither party filed objective evidence as to the availability of IVF treatment in Nigeria, the judge failed to address in his reasoning as to how Ms. A had formed her personal view.

“Whilst it may have been her subjective view that the treatment is unavailable, the judge was required to assess and determine the objective fact of whether IVF treatment is available in Nigeria or not.

“For example, we cannot discern from the judge’s decision whether he concluded that IVF treatment is unavailable based upon a bald assertion from Ms. A without her having performed any research into what IVF treatment is available in Nigeria, or equally whether his finding is based upon oral evidence detailing efforts she made in contacting hospitals and clinics in Nigeria about offering fertility treatment.

“We observe the Secretary of State’s unchallenged assertion before us that even the most basic Google search reveals the existence of IVF treatment in Nigeria.

“The Secretary of State’s appeal is allowed to the extent that the decision of the First-tier Tribunal is set aside in its entirety.

“The appeal is to be remitted to the First-tier Tribunal to be heard by any judge other than First-tier Tribunal Judge Malone.”

Convicted of conspiring to facilitate unlawful immigration by paying a British citizen to falsely claim paternity of his child, Ogunbawo served a three-year prison sentence but has since remained embroiled in deportation proceedings.

The National Council of Women Societies (NCWS), Nigeria, under the dynamic leadership of the Acting President, Mrs. Geraldine Etuk extends heartfelt congratulations and warmest wishes to you, Senator Godswill Akpabio, as you celebrate your birthday today.

Your exemplary leadership, legislative excellence, advocacy for unity and development, and tireless dedication to the progress of our beloved country continue to inspire hope and trust in the hearts of Nigerians You are a true statesman whose impact transcends boundaries, and we are proud to celebrate this milestone with you.

May this new year of your life be filled with divine wisdom, robust health, and unending blessings. May your journey in service to Nigeria remain impactful and fruitful as you champion the cause of justice and development.

Happy Birthday, Distinguished Senate President!

Signed:
Mrs. Geraldine Etuk
Acting President
National Council of Women Societies (NCWS)

….Seven shops, 16 rooms also affected

Stephen Olufemi Oni, Ilorin

A truck reportedly overloaded with mattresses, as well as seven shops and 16 rooms in a building in Ilorin, the Kwara State capital, have been gutted by fire, destroying property worth millions of naira.

A statement by Hassan Hakeem Adekunle, Head, Media and Publicity of the Kwara State Fire Service, said the fire spread to the building from a lorry that was overloaded with mattresses which had caught fire.

“The fire spread from the lorry to a nearby building containing 47 rooms and 19 shops. Undeterred by the intensity of the blaze, our courageous firefighters acted swiftly to contain the fire and prevent further destruction. Our efforts successfully saved 12 shops and 31 rooms, while 7 shops and 16 rooms were unfortunately affected.

“Investigations revealed that the fire originated from a lorry overloaded with mattresses. The lorry had collided with a high-tension wire, causing a spark that ignited the mattresses. Once the mattresses caught fire, the blaze spread rapidly from the lorry to the nearby building, which housed 47 rooms and 19 shops. The highly inflammable nature of the mattresses contributed to the swift spread of the fire.

“Additionally, the explosion of a nearby stepdown transformer intensified the situation, further aiding the rapid spread of the fire to the adjacent shops and rooms,” the statement said.

The Fire Service spokesman
acknowledged “the valuable assistance provided by the Federal Fire Service, who collaborated with us in extinguishing the fire and ensuring the safety of all involved. Their timely support played a crucial role in containing the blaze.

“We also express our gratitude to the Nigeria Police Force, who helped to protect our firefighters from the threat posed by hoodlums attempting to disrupt the operation. Their intervention ensured the safety and security of our personnel during a highly volatile situation. Additionally, we would like to thank the media houses for their timely notifications and real-time updates, which helped keep the public informed about the progress of the incident and the measures being taken to address it. Their role in disseminating accurate information was invaluable in managing the situation and preventing further panic.”

End