UK court sets aside ruling stopping Nigerian’s deportation

An Upper Tribunal in the United Kingdom has reversed an earlier ruling that stopped the deportation of a Nigerian, Olutobi Ogunbawo.

This followed his wife, Maria Adesanya, testimony that In-Vitro Fertilisation (IVF) treatment was unavailable in Nigeria, an argument that was crucial to their defence.

The UK Home Department said in a statement on Monday that Ogunbawo who was sentenced to three years in prison in 2019 for immigration offences is now facing deportation proceedings.

The 43-year-old was convicted at the time for conspiring with a Briton to claim paternity falsely.

In January 2023, a first-tier tribunal judge had ruled in his favour, citing the impact of deportation on his wife’s ability to conceive a child through IVF.

However, the Secretary of State for the Home Department challenged the claim, arguing that the tribunal’s reliance on her testimony lacked supporting evidence.

The upper tribunal reviewed the case and, on November 4 ruled that the initial decision was flawed.

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During the hearing, it was found that the first-tier tribunal judge failed to seek objective evidence to verify Maria’s assertion.

In the ruling, the Upper Tribunal noted that a simple internet search could confirm the availability of IVF services in Nigeria, undermining the couple’s argument.

“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.

The tribunal, therefore, set aside the earlier decision and ordered the case to be reheard by a different judge.

“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,” the UK Home Department added.

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