CASES

Can A Decision of Court Convicting A Defendant Who Pleads Guilty to A Charge, Having Been Deceived By The Investigating Police Officer to So Do, Stand In Law?

Lawyers Alert has contested the decision of an Upper Area Court sitting in Zuba, Abuja convicting two men accused of having carnal intercourse against the order of nature and had consequently been arraigned in the court.

After the conviction of the two Defendants but prior to sentencing them, Lawyers Alert was contacted and an objection was filed at the court. This was subsequently argued and the court reserved its ruling on same. 

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Unlawful arrest and detention of female sex workers

Constance Nkwocha. & 15 Ors. v. Minister of the Federal Capital Territory & 5 Ors. Suit No.

Facts of the Case On 22nd February, 2017, members of the Joint Task Force, Abuja, comprising the Abuja Environmental Protection Board (AEPB), Nigeria Police, and Nigerian Army, stormed a suburb of the Federal Capital Territory (FCT), Abuja, at about 11pm, breaking into the apartment of 52 women, unlawfully searching them and their rooms, arresting, torturing and detaining them at Old Parade Ground, Area 10, Garki, Abuja. They were detained there pending the arrival of a mobile court judge who will try them for a criminal offence they did not know about

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Denial of custody of children owing to HIV status

Nyikwagh v. Nyikwagh

The case is a petition for the dissolution of Marriage filed by the Husband against his HIV+ wife demanding custody of the children owing to her status.

Lawyers Alert, on behalf of the Respondent, equally filed a cross-petition praying the court for the dissolution of the marriage and custody of the children. Lawyers Alert posits that denying custody of children on grounds of HIV+ mothers’ amounts to stigma and discrimination.

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Whether Constant Physical, Emotional and Psychological Violence on A Woman by Her Husband Is A Good Ground for Dissolution of Marriage

Facts of the Case:

Mrs. I and Mr. I contracted a court marriage on November 13, 2014. The union produced no offspring. From approximately three weeks into the marriage till October 2016 when she was forced to eventually leave the matrimonial home, Mr. I would return home in a drunken state, descend on his wife and beat her into unconsciousness.

Mr. I would subject Mrs I to emotional and verbal attacks, deny her any care or affection and gamble away his earnings. He was also unfaithful to her, 

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Unlawful termination of employment owing to HIV status

Miss. X. v Teene Todds Day Care Pre-School & 2 Ors.

Facts

Miss X, a trained and experienced nurse, heard of a vacancy for a staff nurse put up by Teene Todds Day Care Pre-school, in the Federal Capital Territory (FCT). She applied for the job and a letter of offer of employment was sent to her via email, with the instruction that if she was interested in taking up the position, she should accept the offer by acknowledging it and returning the same to the director of the establishment. Miss X accepted the offer and took the letter with her to the office of the director to submit to her.

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Termination of employment after mandatory HIV test

Mr. X v. Mr. Jakobus Brink & 3 Ors

In partnership with the South Africa Litigation Centre, SALC, Lawyers Alert is supporting Mr X in seeking justice based on his loss of employment owing to his HIV status.

By a written Employment Agreement dated, Mr. X entered into a contract of employment with Kings Guard Nig. Ltd (3rd Respondent) wherein he was posted to the United States Embassy to work there as a security. After working for the Defendants for three months, Mr. X was compelled by his employers to undergo medical test which test result revealed that he was HIV positive. Based on the results, the Defendants terminated his employment.

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Wife Petitions for Dissolution of Marriage over Husband’s Refusal to Take Anti-Retroviral Drugs while Insisting on Having Sex with Spouse

Facts of the Case:

Mrs. C and Mr. U had their marriage at the AMAC registry on November 10, 2012. They have a 7-year old daughter. Mr. U was HIV positive before he married Mrs. C but did not disclose his status to her. After a while Mr. C stopped taking his Anti-Retroviral drugs and started forcefully having sexual intercourse with Mrs. C without protection, thereby endangering her life.

Mr. U would constantly threaten her life, subject her to cruelty, seize the car she had bought for herself, and was cruel in his conduct to her and their

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Refusal of Judge to recuse himself in a trial against a HIV+ positive after betrayal of prejudice.

Afolabi v. Afolabi

Facts of the Case

The case borders on petition for dissolution of marriage filed by Mr. Afolabi (Petitioner) against his wife. In the petition, the petitioner sought the dissolution of the marriage and custody of the child of the marriage owing to his Wife HIV status.

In the course of hearing, the Judge made remarks concerning the HIV status of the Respondent and the effect it would have on the child of the marriage when the child grows up and he is told that his mother (Respondent) is HIV positive.

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Detention of a pregnant/nursing Mother in Prison and Propriety thereof

An expectant mother arrested by members of the Nigerian police force in Konshisha Local Government Area of Benue State and subsequently arraigned before Makurdi Chief Magistrate Court 6 Modern Market Makurdi via First Information Report (F.I.R) in MCM/70/2017 and Motion MCM/45c6/2018.

alleging the offenses of criminal Conspiracy and Procurement of minor contrary to section 97, and 276 penal code law of Benue State 2004 sometimes in May, 2017 and subsequently remanded in prison on the 2nd May, 2017. During her stay in the prison, she delivered and continued to nurse her baby in the Makurdi prison with no adequate care for baby nor mother. ISSUES FOR DETERMINATION The main issue for determination is whether a pregnant woman can be remanded in prison custody for non capital offenses while police are still investigating her case, while her health and that of the Baby are put at risk. This is more so when the offense alleged is bail-able.

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