Miss A. V. Federal Medical Centre, Katsina & 2 Ors (NICN/13/2018)
WHETHER THE OPEN DISPLAY OF PHRASES SUCH AS “RVS +” WHICH INDICATE HIV POSITIVE STATUS AT THE BACK OF AN EMPLOYEE’S MEDICAL FILE DOES NOT AMOUNT TO THE BREACH OF HER FUNDAMENTAL RIGHT TO PRIVACY
Miss A is a qualified Radiographer and one of the persons living with HIV/AIDS (PLWHA). She was offered an appointment by the Federal Medical Centre, Katsina on the 16th day of March 2015. Some months after Miss A resumed duties, some of her colleagues started taunting her of being a person living with HIV/AIDS. The situation even got so bad that she was being nicknamed “HIV Girl” in her department. She reported this stigmatization and her consequent frustration to her head of department and other authorities but both did nothing about the complaints. Miss A later discovered that it was her then Head of Radiology Dept. that had gone to find out concerning her from where she had earlier worked in Lagos. The same man was the first to openly announce to Miss A that they knew she was living with HIV/AIDS. He had also told every colleague of Miss A about her status. To make matters worse, the phrase “RVS +” was boldly written at the back of Miss A’s NHIS Records maintained by the Centre. Miss A NHIS records were easily accessible to anyone that has any contact with the records room. All of the facts of the case show a clear breach of the provisions of the HIV/AIDS (Anti-Discrimination) Act, 2014.
Even though the case has suffered undue delays in the past, it has come to the adoption of final written address by parties. This shall then be followed by the judgment of the court.