UK Court Reverses Ruling in Paternity Fraud Case, Orders Nigerian Man’s Deportation

A United Kingdom upper tribunal has overturned a previous decision that blocked the deportation of 43-year-old Nigerian Olutobi Ogunbawo, who was convicted in 2019 for immigration-related offences.

The reversal follows arguments by Ogunbawo’s wife, Maria Adesanya, who claimed that in vitro fertilisation (IVF) treatment was unavailable in Nigeria, a key point in their initial defence.

Ogunbawo, who served three years in prison for conspiring with a British citizen to falsely claim paternity, faced deportation proceedings after his release.

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

Maria had testified that IVF, crucial to their efforts to have children, was inaccessible in Nigeria.

However, the Secretary of State for the Home Department challenged this claim, arguing that Maria’s testimony lacked objective evidence.

The upper tribunal reviewed the case and, on November 4, 2024, determined that the first-tier tribunal’s decision was flawed.

The upper tribunal found that the judge in the initial case failed to verify Maria’s claim. The ruling stated that a simple internet search could have confirmed the availability of IVF services in Nigeria, undermining the couple’s argument.

Criticising the earlier decision, the upper tribunal declared: “We conclude that the judge erred in exclusively relying upon Ms A’s (Maria’s) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria.” This statement was reported by the Daily Mail on Sunday.

As a result, the upper tribunal set aside the earlier decision and ordered the case to be reheard by a different judge. The ruling noted: “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 decision marks a significant shift in Ogunbawo’s legal battle against deportation, re-instating his removal from the UK.