[afro-nets] Nigerian court grants use of pseudonym to a womam living with HIV/AIDS

["Stella Iwuagwu" <crhaids@yahoo.com>]

Nigerian court grants use of pseudonym to a womam living with HIV/AIDS
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NIGERIAN COURT GRANTS A WOMAN LIVING WITH HIV/AIDS USE OF PSEUDOYMN TO ENFORCE HER FUNDAMENTAL RIGHTS.       

In the year 2002 the Center for the Right to Health filed a case in the Lagos High court on behalf of an HIV positive woman who was denied access to treatment by a government owned hospital in Lagos when she visited the hospital for treatment. The applicant has filed a fundamental human rights proceeding before the High Court in Lagos against the   Attorney General of Lagos State and three others. She is claiming among others the following:
(1) A Declaration that denial of treatment to the Applicant solely due to her HIV/AIDS status constituted an act of unfair discrimination against the Applicant contrary to section 42 of the Nigerian Constitution 1999 and article 2 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act cap 10 Laws of the Federation 1990.
(2) A Declaration that the refusal of medical attention to the Applicant solely due to her HIV/AIDS status constituted an act of inhuman and degrading treatment contrary to section 34 of the Constitution of Nigeria 1999 and article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act cap 10 Laws of the Federation 1990
(3) A Declaration that the denial of access to treatment of the Applicant when in a very critical condition amounted to a violation of the right to life guaranteed under section 33 of the Constitution of Nigeria 1999 and article 4 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act cap 10 Laws of the Federation 
   
(4) An order awarding the sum of N 10 million only as damages for the Applicant for the violation of her fundamental rights guaranteed by the Constitution of the Federal Republic of Nigeria. 
   
Because of the pervading stigma and discrimination associated with the epidemic in the country CRH also brought an application on behalf of the applicant asking for the use of pseudonym and hearing of this case in chambers. It is believed that this application will shield the Applicant from undue and unwarranted stigmatization she may experience in the public.  On the 4th October 2006 this application came up for hearing. Learned counsel for the Applicant argued on behalf of the Applicant that despite the numerous awareness progreammes and campaigns on HIV/AIDS in the country people living with HIV/AIDS or affected with HIV/AIDS still encounter stigmatization and discrimination in the country. 
   
Therefore, the court was urged to grant the applicant?s application in the interest of justice. His Lordship Justice Okunnu Shuaibu of the Lagos High Court after hearing the Applicant counsel?s argument felt persuaded and ruled that the name of the Applicant be substituted with a pseudonym X 
   
However, she refused to grant the second leg of the application asking for hearing of the case in camera. But she stated that the court would   do everything within   its power to ensure that the identity and privacy of the applicant is protected throughout the hearing of this case. The matter is now adjourned till November 14, 2006 for the hearing of the substantive application in this case.
   
This is no doubt a welcome development and a progressive ruling by His Lordship. This has clearly demonstrated the willingness of Nigerian court to support the cause   of justice for PLWHA. No doubt this positive development will rekindle the hopes of PLWHA in our court again as the last hope of the masses. But there is still need for speedy dispensation of cases especially as it involves PLWHA. Most of the cases filed by PLWHA spend unduly long time in court, which may easily make weary the minds of PLWHA to pursue justice whenever their rights are violated. 
   
Ebenezer Durojaye   
Attorney at law
Center for the Right to Health (CRH)
mailto:crrhaids@yahoo.com or mailto:ebenezer1170@yahoo.com