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DENIAL OF LOCUS TO INSTITUTE AN ACTION COMPELLING THE ATTORNEY GENERAL OF THE FEDERATION

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.

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