UK Court Orders Deportation Of 43-Year-Old Nigerian, Olutobi Ogunbanwo, Reversing Ruling
A United Kingdom upper tribunal has overturned a prior ruling that halted the deportation of 43-year-old Nigerian, Olutobi Ogunbanwo, and ordered a rehearing of his case.
Ogunbanwo, convicted in 2019 for immigration offenses related to conspiring with a British citizen to falsely claim paternity, served a three-year prison sentence and subsequently faced deportation proceedings.
In January 2023, a first-tier tribunal judge ruled against his deportation, citing claims by his wife, Maria Adesanya, that in vitro fertilization (IVF) treatment was unavailable in Nigeria—a critical factor in their argument to prevent separation.
Maria testified that IVF was essential for the couple to conceive, and its unavailability in Nigeria would jeopardize their plans to start a family.
However, the Secretary of State for the Home Department contested this claim, arguing that the tribunal relied solely on Maria’s testimony without evidence.
On November 4, 2024, the upper tribunal reviewed the case and found that the original ruling was flawed. The tribunal stated that the first-tier judge failed to seek objective evidence to substantiate Maria’s assertion and noted that a simple internet search could confirm the availability of IVF services in Nigeria.
“We conclude that the judge erred in exclusively relying upon Ms. Adesanya’s personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria,” the upper tribunal ruled.
The court set aside the earlier decision, ordering the case to be reheard by a different judge.
“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 ruling added.
The development highlights the tribunal’s emphasis on verifiable evidence in cases involving sensitive immigration matters.
