A United Kingdom upper tribunal has reversed a prior decision that prevented the deportation of a 43-
year-old Nigerian man, Olutobi Ogunbawo, following contentious claims surrounding access to in vitro fertilization (IVF) in Nigeria.The earlier ruling, made in January 2023, favored Ogunbawo after his wife, Maria Adesanya, argued that IVF—critical to their efforts to conceive—was unavailable in Nigeria. This defense was a key factor in halting his deportation.
Ogunbawo, who had been convicted in 2019 for immigration-related offenses, served a three-year prison sentence for conspiring with a British citizen to falsely claim paternity. After his release, he faced deportation proceedings, which were temporarily halted by the initial tribunal ruling.
However, the UK’s Home Department challenged the decision, arguing that Maria’s testimony lacked supporting evidence. On November 4, 2024, the upper tribunal revisited the case and ruled that the earlier judgment was flawed.
The tribunal found that the initial judge had failed to verify Maria’s assertion, noting that basic research could have confirmed the availability of IVF services in Nigeria. In its decision, the tribunal stated:
“The judge erred in exclusively relying on Ms. Adesanya’s personal evidence when determining that IVF treatment is unavailable in Nigeria. Even the simplest Google search reveals otherwise.”
The ruling set aside the earlier judgment, remitting the case for a rehearing by a different judge.
