Miracle Baby Saga Resonates
By Debo Oladimeji
REMEMBER the 'Miracle Baby,' Mary Obikoya? She is now 14, living with her 'true' biological mother, Mrs. Kikelomo Obikoya, 37, who currently works with the Lagos State Ministry of Home Affairs and Culture. Mary is now a Junior Secondary School (JSS) student of Otibhor International School, Ikeja.
Proceedings to determine the criminal intent of the civil case came up before Justice B.O. Shitta-Bey at the Lagos High Court on Wednesday.
When The Guardian sought to know how far the case had progressed, Mrs. Esther Kubari, the nurse who owned the infamous Oluwaseyifunmi Clinic at 19 Victoria Street, Ojota where Mrs. Obikoya delivered a baby girl before she was sold to Alhaja Monsuratu Wuraola Abayomi, simply said she would not want to comment further on the case. "I am the midwife in charge of the controversial baby. The matter is in court, so l will not be able to comment until the matter is concluded."
Mrs. Victory Menta, then an Assistant Superintendent of Police (ASP), who was the Investigation Police Officer (IPO) from the Federal Criminal Investigation Department (FCID) on Alagbon Road, Ikoyi said the civil suit from the miracle baby controversy has been decided in favour of Mrs. Obikoya, who has since 2002 taken custody of Mary.
But a murder case arose from Mrs. Kubari's confessional statement that Mrs. Risikatu Ali, who now works with the Ministry of Justice in Lagos State delivered a baby in her hospital and threw the baby inside a bowl of water and she killed the baby, because she did not want her husband to know that she was pregnant for another man.
That, according to her, led to the arrest of Mrs. Ali, who later made a confessional statement that she killed her baby. "She made that confession in her statement at the police station, but during the trial in court, she turned around to say that she made the confessional statement under duress, because l pointed a gun at her foot," she said, hence the trial within trial.
But on Wednesday, "the court accepted her confessional statement as a fact- that she killed her baby. The trial within trial has ended in my favour, but the murder case resulting from Mrs. Ali killing her baby is still on," she said with relief.
The Guardian learnt from Andrew Omojuye, counsel to the accused who said: "Presently, we are cross-examining the IPO, who just concluded her evidence today (Wednesday). I am not going to take any position now. Let us just wait until the court finally disposes off this matter."
Mrs. Kubari and Mrs. Abayomi are also on trial for conspiracy and child stealing, in connection with Mary.
The prosecutor was earlier unable to tender some documents, the same ones tendered in the civil suit before Hon. Justice Philips.
Fortunately, the IPO was able to lay hands on the photocopies, which were certified by her and the case continued on Wednesday. It is the result of that civil suit that gave birth to the criminal case going on here.
The civil case was to determine the ownership of the baby in question, while the criminal aspect has to do with the criminal intent of the two accused persons- the old woman, who claimed to have given birth to Mary at 65, and Mrs. Kubari, the 'nurse' who claimed to have delivered her of the baby at her private maternity.
When the prosecution moved to tender her confessional statement as exhibit, Mrs. Ali objected on the grounds that it was not voluntary. Since Section 28 of the Evidence Act says a confession must be voluntary and when an accused says that there were some kind of inducement or pressure exacted on her to do so, as a result of which he or she did against her will, there is usually a trial within trial to determine whether the statement was voluntary or not.
The IPO told the court that she took the statement under a peaceful atmosphere and that no pressure was mounted on Mrs. Ali and that she gave the statement willingly.
Following the IPO's appearance, the court a to the conclusion that from the evidence given in court, the statement was voluntary and that she made statement towards the fact that she killed her baby at Mrs. Kubari's hospital.
Ibefun, Ogun State-born Mrs. Kikelomo Obikoya said appreciatively: "Mary is doing well in school. She is aware of the case. She is being sponsored in school by Hon. Abike Dabiri-Erewa."
She regretted that since the DNA test result confirmed her to be the biological mother of Mary and the case was ruled in her favour in 2002 by Justice Philips, the N5 million compensation has not been paid to her.
"Neither has the N25, 000 that was meant to be paid to Mr. Kayode and Mrs. Folashade Adeyemi, the people that instituted the case been paid to them. I thank the Lagos State government for giving employment at Alausa in 2003. I would also want them to pay all other entitlements that were meant for me and my baby to reduce our pains," she said.
Justice Philips had ordered that she be given a house to settle down with Mary, which she also appealed to government to fulfill.
"They rented a house for us and when the money was due, they wanted to send us out. I went to Alhaji Abiodun Yakubu, the Head of Service, who gave me a place at Tinubu Staff Quarters in Alausa, Ikeja. But they still deduct the house rent from my housing allowance every month. I want them to give me the house according to the court ruling," she pleaded.
Mrs. Obikoya regretted that Mrs. Kubari sold her baby to Alhaja Abayomi in 1995, recalling: "After l delivered my baby at Mrs. Kubari's clinic, she told me that the baby was dead and when l asked for the remains of the baby, she said she had buried her," she agonised. And she believed her, being her older cousin. "She was like a mother to me, so l believed her," she added.
But by May 17, 1995 events took a different twist, as she was surprised when she received a distress call from the police that she should report at Alagbon. "That was how the case started," she narrated.
"We went to court and they say that we should go for lab test. We went to Oshodi, Yaba and Ayinke House laboratories for the test. Then we did the DNA test two times at LUTH. They later declared that l am the owner of the baby. The baby was under care at the Medical Hospital before the handling over in 2002," she recalled.
On her part, Mary said that she wants to become a medical doctor and thanks Mrs. Dabiri-Erewa, who has been responsible for her education. She added that what she went through in life has made her to become stronger.
Mrs. Dabiri-Erewa, now a member of House of Representatives, who was then a staff of the Nigerian Television Authority (NTA) rose to fame for her step-by-step account of the story as it unfolded during the station's popular programme, Newsline.
