Mrs. Joseph V. Command Secondary School, Suleja & 3 Ors
(FHC/ABJ/1417/2021)
WHETHER THE ACTIONS OF THE COMMAND SECONDARY SCHOOL, SULEJA IN
EXPELLING MASTER X FROM THE BOARDING HOUSE OF THE SCHOOL ON
ACCOUNT OF HIS HIV STATUS DOES NOT CONTRADICT THE PROVISIONS OF THE
CONSTITUTION AND THAT OF THE HIV/AIDS (ANTI-DESCRIMINATION) ACT
Master X a 12-year-old pupil who had just been offered admission into the
Command Secondary School, Suleja. He was born HIV positive but has been on
the necessary treatment and care from inception. Owing to his status, the boy
had been expelled from the said Command Secondary School, Suleja and caused
serious embarrassment and humiliation, both he and his mother having been
escorted off the school premises in the full glare of all.
After contacting Lawyers Alert for redress, the organization initiated a process of
reversal of the breaches with the school concerned and all other relevant
agencies of government to no avail. Eventually, we approached the court for
necessary remedies. Lawyers Alert had sought the enforcement of the
Fundamental Human Rights of Master X as guaranteed under sections 43 & 42 of
the 1999 Constitution of the Federal Republic of Nigeria and Articles 2,4,5,16 and
19 of the African Charter on Human and People’s Right (Ratification and
Enforcement) Act Cap A9 LFN 2004.
The matter is pending at the Federal High Court in Abuja.