●David’s resort to lies, wild allegations put husband, wife in a worsening legal bind
The gambit by David Nwamini Ukpo, the acclaimed victim of alleged organ harvest, to sound the alarm on a former Deputy Senate President, Ike Ekweremadu and his wife, Beatrice, in far-away London, is potentially crippling and “deathly”.
David, from sundry accounts is not 15 as he claimed in his reports to the London Metropolitan Police. Counter narratives put him as a 21-year-old boy.
But whether he is a minor or an adult, does not really matter under the UK Modern Slavery Act as long as one arranges or facilitates the travel of someone else (as Ekweremadu did to David in this case) in the United Kingdom for purpose(s) of exploitation.
This is a law that the action of David has summoned to embarrass and bring down Ekweremadu, with Beatrice, his wife, to boot.
●The “little David”
A WhatsApp post read under his supposed picture (which has been discovered as another person’s picture) “This is David Nwamini Ukpo.. the ‘child’ in the Ekweremadu saga.”
THE CONCLAVE reports the counter narrative that is also doing the rounds to mitigate the danger and damage that the initial narrative- first time, one-sided report- has done to Ekweremadu.
Contrary to the claims of human slavery, conspiracy and organ harvesting, there was actually a deliberate plan, prior arrangement since 2021 to have David donate one of his kidneys to Sonia, the sick daughter of the Ekweremadus, who is undergoing dialysis and treatment in a London hospital.
One of the narratives churned out to counter the report of possible complicity in the charges preferred against them (Ekweremadus) read: “When it was found that they (David and Sonia) were not compatible, instead of flying back to Nigeria, he (David) bolted (away) and went to Immigration to seek asylum.
“He argued against returning to Nigeria after entering the UK.
“Ekweremadu entered the UK on Wednesday morning (June 22, 2022) aboard a Turkish Airline.
“He left Nigeria about 1am on Tuesday (June 21, 2022) and travelled to London via Istanbul. He did not enter Turkey in search of kidney. His flight was on transit.
“He (David) agreed to every term of the kidney donation.
“But he (Ekweremadu) was arrested on Wednesday, June 22,2022) when he arrived in London.”
● The counter narratives versus what the UK law says
Going by the provisions of the UK law on human trafficking, THE CONCLAVE can authoritatively report that the Ekweremadus may be in for it in the face and context of the law, sans sentiments, if this is the law under which they would be charged and/or prosecuted.
The UK Modern Slavery law (human trafficking) sentencing describes
this as an either-way offence and on summary conviction is subject to twelve months’ imprisonment and/or unlimited fine.
On conviction on indictment, the maximum sentence is ten years’ imprisonment.
However, where the offence involves false imprisonment or kidnapping, it is life imprisonment.
THE CONCLAVE however reports that legal fireworks are expected to characterise the Ekweremadu Magistrate court case when hearing begins on July 7, 2022.
The couple were on Thursday denied bail by an Uxbridge Magistrates’ Court in the United Kingdom and consequently kept in detention in readiness for July 7 hearing.
Meanwhile read below a part of the law that would appear to have caught up with the Ekweremadus except their counsel is able to navigate through its recondite provisions.
Section 2 of the Modern Slavery Act 2015 on human trafficking (1) “A person commits an offence if the person arranges or facilitates the travel of another person (‘V’) with a view to V being exploited.
“(2) It is irrelevant whether V consents to the travel (whether V is an adult or a child)
(3)- (7) deal with all the relevant and ancillary provisions of the law on human trafficking.
Published here under are the privisions of the law including the sentencing and fine options as sourced from cps.gov.uk website:
Human Trafficking – Section 2 Modern Slavery Act 2015
1. A person commits an offence if the person arranges or facilitates the travel of another person (V) with a view to V being exploited.
2. It is irrelevant whether the victim consents to the travel (whether V is an adult or child).
3. A person may in particular arrange or facilitate V’s travel by recruiting V, transporting or transferring V, harbouring or receiving V, or transferring or exchanging control over V.
4. A person arranges or a person arranges or facilitates V’s travel with a view to V being exploited only if:
a. the person intends to exploit V in any part of the world during or after travel; or
b. the person knows or ought to know that another person is likely to exploit V in any part of the world during or after travel.
5. Travel is defined as:
a. Arriving in, or entering, any country
b. Departing from any country, or
c. Travelling within any country.
6. A person who is a United Kingdom (UK) national commits an offence regardless of where the arranging or facilitating takes place, or where the travel takes place. In other words, this offence may be committed by a UK national anywhere in the world and no matter where V is travelling.
7. A person who is not a UK national commits an offence if any part of the arranging or facilitating takes place in the UK, or the travel consists of arrival or entry into, departure from, or travel within the UK.
Meaning of Exploitation
Section 3 defines the meaning of exploitation for the purposes of section 2. A person is exploited only if one or more of the following apply:
1. Slavery servitude and forced or compulsory labour, where a person is the victim of an offence under section 1 of the 2015 Act or which would involve the commission of an offence if it took place in England and Wales (section 3(2)) (see Slavery, Servitude, Forced and Compulsory Labour below).
2. Sexual exploitation, under section 3(3)
Section 3(3)(a) which involves the commission of an offence under:
● Section 1(1)(a) of the Protection of Children’s Act 1978 (indecent photographs of children), or
●Part 1 Sexual Offences Act 2003 Sexual exploitation, as it has effect in England and Wales; or
Section 3(3)(b) which would involve the commission of such an offence if it were done in England and Wales (section 3(3).
Removal of organs in circumstances where a person is encouraged required or expected to do anything which involves the commission of an offence under section 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on use of live donors) as it has effect in England and Wales, or which would involve the commission of such an offence if it took place in England and Wales (section 3(4)).
Securing services etc. by force, threats or deception, where the person is subjected to force, threats or deception designed to induce him or her:
a. to provide services of any kind,
b. to provide another person with benefits of any kind, or
c. to enable another person to acquire benefits of any kind (section 3(5)).
Securing services etc from children and vulnerable persons in circumstances where another person uses or attempts to use the person for a purpose within subsections (5) (a), (b) or (c), having chosen him or her for that purpose on the grounds that –
a. he or she is a child, is mentally or physically ill or disabled, or has a family relationship with a particular person, and
b. an adult, or a person without the illness, disability, or family relationship, would be likely to refuse to be used for that purpose (section 3(6)).
Benefits could include any advantage derived by the trafficker (or another person) such as financial gain, profit, personal benefit or privilege as well as state financial assistance.
This is an either-way offence and on summary conviction is subject to twelve months’ imprisonment and / or unlimited fine. On conviction on indictment, it is life imprisonment. The offence is also a “lifestyle offence” for the purposes of the Proceeds of Crime Act 2002 (‘POCA’). As the offence is likely to lead to a significant sentence on conviction cases will ordinarily require allocation to the Crown Court for trial.
Section 4 Modern Slavery Act 2015 – Committing an offence with intent to commit an offence under section 2 of the Act
Section 4 creates an offence of committing any offence with the intention to commit an offence of human trafficking under section 2. This includes an offence committed by aiding, abetting, counselling or procuring an offence under section 2. The offence will also capture activity such as supplying false documents to be used to facilitate trafficking. The offence is drawn widely enough to encompass any offence committed by aiding, abetting, counselling or procuring an offence of trafficking.
Section 4 was introduced to reflect section 62 of the Sexual Offences Act 2003 (committing an offence with intent to commit a sexual offence) which could be used in cases of trafficking for sexual exploitation, to ensure parity in cases of trafficking for non-sexual exploitation.
Prosecutors should note that this provision cannot be used for section 1 of the 2015 Act.
In its application to human trafficking under section 2, it should be used in circumstances where the act committed is:
a. a criminal offence; and
b. where the evidence supports the commission of a lesser offence with intent to commit a more serious offence but there is insufficient evidence to prosecute the more serious offence in its own right.
The offence of attempting to commit the substantive offence will often not be an available option to prosecutors, as the acts involved will not be “more than merely preparatory” to the commission of the substantive offence.
It will be a matter for prosecutors, when reviewing the evidence against each suspect or defendant to give consideration to all criminal offences that might be disclosed.
This is an either-way offence and on summary conviction is subject to twelve months’ imprisonment and / or unlimited fine. On conviction on indictment, the maximum sentence is ten years’ imprisonment. However, where the offence involves false imprisonment or kidnapping, it is life imprisonment.