A childless British couple longing to have one have
fell victim to a Nigerian fraudster who gave the wife herbal remedies and
tricked her into thinking she had given birth.
A
High Court in the UK where the couple were charged with child trafficking was
told of how the husband and wife still cannot accept the baby girl they brought
home from Nigeria two years ago is not their own – despite DNA tests proving
they are not the natural parents.
Social workers arrested the couple after they
returned to the UK, accusing them of being knowing parties in the fraud. The
court heard how the little girl is now ‘effectively an orphan’ with no prospect
of ever learning who her real parents are – and faces growing up in the British
care system.
Now
a judge has cleared the ‘intelligent, educated, hard working’ couple of any
involvement in the scam, possibly paving the way for her to be returned to
them. Family judge Mary Hogg told the court how for ten years the couple, who
cannot be named, tried surgery, laser treatment and IVF to start a family – but
to no avail.
Then
in 2010 the husband ran into a university friend who told him of a couple
who had had twins after ‘some herbal treatment’ in Nigeria.
The desperate couple decided to travel to Africa,
where they were prescribed a course of herbal remedies by a man calling himself
Dr Cletus Okolo. After taking the herbs and returning to Britain, the woman’s
face, arms and abdomen swelled as if she was pregnant. Even a ‘kindly and
well-meaning’ local GP accepted she was seven months’ pregnant, and signed off
a maternity certificate.
The
couple then returned to Nigeria for further treatment.
At a clinic near the capital Lagos, they handed
over £4,500 (over N1.2million) and the woman was given a brown liquid to drink
before entering what she thought was a delivery room.
The
man waited in the corridor outside and, after few minutes, he heard a baby cry.
He entered the room to find the baby girl – referred to in court only as ‘A’ –
lying on the bed beside his groggy wife.
He
was duped into believing he had seen the umbilical cord cut and was given a
placenta in a plastic bag. After pocketing the couple’s money, Dr Okolo wrote:
‘Treatment successful, patient delivered of a baby girl. All fees paid. God’s
doing’, which was the sole document that accompanied the birth.
After returning home to the UK they were arrested
and A was taken into police protection.
To the couple’s ‘considerable dismay and shock’, DNA tests proved that the girl was not their child.
To the couple’s ‘considerable dismay and shock’, DNA tests proved that the girl was not their child.
Cleared:
Mrs Justice Hogg ruled the ‘intelligent, educated, hard-working’ couple were
unaware of the scam
Having
waited so long for a baby, the couple simply could not accept the truth, the
court heard. Far from seeing themselves as victims, they insisted that ‘the
combination of spiritual and herbal treatments was so powerful as to be able to
change DNA’.
But
Mrs Justice Hogg said: ‘There is no evidence before me to say that the result
of the DNA testing was wrong or likely to be wrong. I do not accept the
explanation of the parents.
‘On that basis I have to accept the validity of the
results and find that the baby is not the biological child of the putative
parents.’
Social workers in the London Borough
of Hillingdon, as well as the child’s court-appointed guardian, argued that the
couple were‘knowing parties to an elaborate fraud and charade upon the British
immigration authorities and now parties to an attempted fraud on the court’.
They claimed the couple’s account of
the birth was ‘littered with inconsistency’ and implausibly embellished.
Mrs Justice Hogg conceded: ‘At first
blush, the immediate reaction of the ordinary man on the proverbial Clapham
omnibus would no doubt be, “Don’t be daft, it is a fraud, they knew it”.’
However, noting the ‘enormous
difficulty’ the couple had had in conceiving a child, Mrs. Justice Hogg took
them at their word when they said they would ‘never seek to buy a baby’.
She added: ‘Despite their education
and intelligence, they are struggling with the result of the DNA test. Both of
them say they still believe that A is their natural child.
‘In the end, having considered all
the evidence… I am driven to conclude that in some way they allowed themselves
to be duped by fraudsters.
‘They so much wanted a baby… they
allowed themselves to fall under the spell of the herbalists, believing what
was said to the mother and acting faithfully upon the instructions given to
them.
‘Contrary to the submissions of the
local authority and guardian I do not find that the parents were willfully and
knowingly involved with or parties to a wrongful removal of A from her mother,
or that they cynically “bought” a baby.’
The judge concluded: ‘What is clear
to me, having found that she is not their biological child but the child of
another mother and father, and having been removed from her mother very soon
after her birth, is that A certainly is the victim of wrongdoing and
illegality, and very possibly her mother as well.
‘The fact remains that A is
effectively an orphan. There is no one in this country who has parental
responsibility for her and no information as to her birth, parentage or
background.’
Mrs. Justice Hogg ordered a further
hearing to decide where A’s best interests lie. Her finding that the couple
were innocent dupes could improve their chances of persuading the court that A
should be returned to them.
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