On Friday, Justice Inyang Ekwo of the Federal High Court in Abuja ruled for David Ukpo’s biodata to be released to Ike Ekweremadu, a former Deputy President of the Senate, and Beatrice, his wife, to aid their defence in the United Kingdom.

Ekwo ordered the National Identity Management Commission (NIMC), the Nigerian Immigration Service (NIS) and some banks to release the data to the couple who were arrested on June 24 for attempted organ harvesting.

Ukpo who, according to UK prosecutors, is a 15-year-old minor, has been the subject of controversy as several persons, including the Ekweremadus’ defence counsel, the NIS and some Nigerian politicians, have pegged his age at 21.

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To prove their case, Adegboyega Awomolo (SAN), applied for the release of Ukpo’s data. In response, Ekwo said, “I make an order granting the prayers.”

This ruling, without Ukpo’s express consent, violates the National Information Technology Development Agency (NITDA) Act 2007.

Section 2.3 of the act reads, “No data shall be obtained except the specific purpose of collection is made known to the data subject; (2) Data controller is under obligation to ensure that consent of a data subject has been obtained without fraud, coercion or undue influence; accordingly: (a) where processing is based on consent, the Controller shall be able to demonstrate that the Data Subject has consented to processing of his or her Personal Data and the legal capacity to give consent; (e) where data may be transferred to a third party for any reason whatsoever.”

WHY DID THE COURT WAIVE UKPO’S RIGHTS TO CONSENT?

Festus Ogun, a Lagos-based legal practitioner, explained to FIJ that the right of every Nigerian to data privacy is guaranteed.

He said the NIMC Act and section 37 of the 1999 constitution as amended both guarantee data protection, but they can be set aside in “exceptional cases”.

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Ogun said, “Under the NIMC Act and Section 37 of the 1999 constitution, the right to data privacy is guaranteed but not absolute; and in cases like this, the court is empowered by Section 26(3)(b) of the NIMC Act 2007 to order that this kind of disclosure be made.

“By virtue of Section 26 of the NIMC Act 2007, disclosure of registered information can be made for the purpose connected with the prevention or detection of crime. I honestly believe the data of the young man is needed for the detection of crime, whether the erstwhile deputy Senate president and his wife have indeed committed a crime. The order of the court is sound and accurate in law.

“For every rule, there are exceptions in law. NITDA act is not far and above the NIMC act. For example, in the case of prevention of crime, how do you seek the consent of the data subject? Commonsensically, that’s practically impossible.”

IMPLICATIONS FOR EVERY NIGERIAN

Ekwo’s Friday ruling puts Ukpo’s personal information in the hands of a politician who served as the fifth most powerful Nigerian for 12 years.

While there may be no immediate or remote threats to him, it will be the second time his personal information will be made public without his consent or that of an adult guardian, if he is a minor.

Earlier, a snapshot of his passport was made public as several claims of his age surfaced online. Now, his data has become subject of interest in a case FIJ understands he is neither a prosecutor nor defendant in.

With this ruling, the data of any Nigerian may be lawfully handed to another Nigerian under the right circumstances without their consent.