DENIAL OF LOCUS TO INSTITUTE AN ACTION COMPELLING THE ATTORNEY
GENERAL OF THE FEDERATION TO ENSURE HIV/AIDS WORK-PLACE POLICIES.
Lawyers Alert V. Attorney-General of the Federation & 2 Ors
NICN/ABJ/CS/37/2019
WHETHER THE COURT WILL NOT COMPEL THE ATTORNEY-GENERAL OF THE
FEDERATION/MINISTER OF JUSTICE TO ENSURE THAT EMPLOYERS OF LABOUR
ADOPT AND REGISTER THEIR HIV AND AIDS WORK-PLACE POLICY WITH THE
MINISTRY OF LABOUR?
Section 24 of the HIV/AIDS (Ant-discrimination) Act, 2014 had put the
responsibility of ensuring compliance with and enforcing the provisions of the Act
on the Attorney-General of the Federation/Minister of Justice. But years after the
implementation of that law, it was observed that virtually all employers of labour
in Nigeria did not have any written HIV/AIDS work-place policy in place and a copy
deposited with the Ministry of Labour in compliance with Section 21 of the Act.
Observing this anomaly, Lawyers Alert wrote letters to the Ministry of Labour and
Productivity under the Freedom of Information, Act requesting for the list of
employing organizations that have complied with the said Section 21 of the Act.
Even after writing letters and waiting for a long time for a response. Nothing was
heard from the Ministry. As a result of this, lawyers Alert proceeded to file the
case at the National Industrial Court of Nigeria.
OUTCOME:
The court held that Lawyers Alert dies not have the locus to institute the action
for the reason that it is not registered either as trade of labour union. Besides, it
as decided that the Applicant did not show any single case of an individual that
have suffered any injury as a result of the failure to compel.