Organ Donation : Another Dichotomy Between The User (The rich) And Used (The Poor) -By Tife Owolabi

In the world today the poor culture (mindset) is about survival, whereas the rich culture is about living happily on the backs of the less-wealthy. Also, Poverty is a system of control. We are told that the Constitution gives us rights. The reality is that if you don’t have any money, you aren’t empowered to defend those rights. Abusive people understand this and they stop people from having money.

But let me start by saying there is nothing wrong in organ donation and in fact the third world should be encouraged to donate their vital organs to medical search or help save lives. For instance, a dying adult should freely volunteer to donate his/ her heart to someone suffering a heart condition or the whole body to expand the frontier of knowledge rather than committing the whole body to mother earth when someone dies.

I have seen a situation (not in Nigeria ) where two adults placed their hands on a teenager’s chest just to listen to his heartbeat which they do as a ritual because the heart belong to their late parent who willed it out. So, each time they perform this ritual to reconnect with their father. So, there is nothing absolutely wrong donating organs or receiving it except that we haven’t evolve our minds and laws to back this up but if we can donate blood freely why can’t we also donate other organs freely.

On the former deputy Senate President, Ike Ekweremadu, and his wife, Beatrice saga facing life imprisonment over organ harvesting or maximum sentence under the United Kingdom’s Modern Slavery Act 2015 (MSA) if found guilty , I think Senator Ekwerwmadu may have been wrongly advised to take this route of shortcut or he is being exploited too. I dont have the whole fact but it could mean a twist of a good intention going awry.

As we know the couple were arrested and charged with bringing a child to the UK for organ harvesting. They were consequently arraigned on Thursday before Uxbridge Magistrates’ Court.

Yes, we can display different views and emotions but what the Law is, is what it is. Under the UK Modern Slavery Act it is clearly stated thus;

“Under s 2, an individual commits an offence if they arrange or facilitate the travel of another with a view to that person being exploited. It is irrelevant whether that person consents to the travel, or whether they are a child or an adult.

“Under s 3 of MSA 2015, exploitation includes: slavery, servitude and forced or compulsory labor; sexual exploitation (which involves the commission of an offense under s 1(1)(a) of the Protection of Children’s Act 1978 (indecent photographs of children), or Pt 1 of SOA 2003 (eg, rape or sexual assault); removal of organs where a person is encouraged required or expected to do anything which involves the commission of an offense under ss 32 or 33 of the Human Tissue Act 2004 (prohibition of commercial dealings in organs and restrictions on the use of live donors); securing services, etc by force, threats or deception; securing services, etc from children and vulnerable persons (eg, physically or mentally ill or disabled).”

It further stated that anyone found guilty of “human trafficking is liable on summary conviction to 12 months imprisonment and/or an unlimited fine,” adding that “on conviction on indictment, the maximum sentence is life imprisonment.”

And with the kinds of torrents being ensued at different quarters that the rich are taking advantage of the poor , one must not lose sight that exploitation can also come from the poor and rich but either way, the law of the UK will take its course.

I have read comments thus, “the rich Nigerians thought that money can buy everything and they have no feeling for humanity they want to render one man child for theirs and now that nemesis caught up with them they start claiming the victim. Or that the chap (David Ukpo) is also an opportunitist who is taking advantage of the situation for a greener pasture. “

Whichever it is, and my take is that anyone seeking donation of any kind (organs, sperms, eggs, or blood ) should avoid contact with the donors and follow the laydown procedure through the established channels by allowing a genuine third party to handle it, or else you could find yourself in this mess. Even if the donation comes through a questionable means your decency and innocence will be intact but the better best is the right channel as stipulated by law, not the black market.

What the Ekwerrmadus are in now is, analogous to self-help and a breach of the MSA 2015 code by not following the procedure of the law as established by the UK Act on organs donation .

But one may want to ask why did the Embassy grant the donor visa at the request of the Senator as seen in a letter written and going viral on the social media to the embassy? Could this mean a ploy, or just an overlook of the visa an officer or someone just waking from its slumber? But also know that granting one a visa is one thing and granting access is another thing. You could get a visa and still deny entering . But for them to have successfully entered the United Kingdom but couldn’t proceed for the medical treatment means that something was amiss ab initio . These questions are to be answered by the UK authorities are concerned they don’t unjustly treat any of the parties involved in the process and ensure justicd is served in the end .

Anyways, there are consequences to every action . The issues before the Ekweremadus are whether they are trying to cut corners or just another victim of the rot in the society where every one tries to out do each other of consume or be consumed.

Tife Owolabi
Journalist
Niger Delta
@tifeowolabi