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RIGHT OF AN HIV POSITIVE PERSON NOT TO BE STIGMATIZED OR DiSCRIMINATED AGAINST IN NIGERIA.

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.

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