Nurse wins landmark case in Nigeria over dismissal for testing positive to HIV

A landmark judgment that has the capacity to change the way people living with HIV/AIDS in Nigeria in the workplace has been delivered by a Lagos State High Court.
The judgment, delivered by Justice Y.O. Idowu bothers on the lawsuit instituted by Georgina Ahamefule against Imperial Medical Centre and Dr. Alex Molokwu over her dismissal from the services of the hospital owing to her HIV/AIDS status.
The judgment, delivered on September 27, 2012, was instituted by the Social and Economic Rights Action Centre on July 14, 2000.
Justice Idowu held that the termination of Ahamefule’s employment as an auxillary nurse by Imperial Medical Centre on the ground of her HIV positive status is illegal, unlawful and actuated by malice and extreme bad faith.
The jugdment stated in part: “The purported termination of the plaintiff’s employment is illegal, unlawful and actuated by malice and extreme bad faith.
“That the defendants’ action in denying the plaintiff medical care on grounds of her HIV positive status constitutes a flagrant violation of the right to health guaranteed under Article 16 of the African Charter on Human and Peoples’ Rights.”
The court also ruled that N7 million be paid to Ahamefule, being compensation for unlawful conduct of HIV test on her without her consent and general damages for the wrongful termination of her employment.
Reacting to the Judgment, Felix Morka, the SERAC Executive Director, said the judgment will go a long way in checking discrimination against people living with HIV.
Morka said: “This is a landmark judgment in the first ever Human Immunodeficiency Virus (HIV) discrimination lawsuit filed by SERAC 12 years ago challenging the termination of Georgina Ahamefule’s employment as an auxillary nurse by the Imperial Medical Centre and its Chief Medical Director, Dr. Alex Molokwu, based on her HIV positive status.
“We are happy that after 12 years of pursuing this case, victory is finally ours.
“We believe that this epochal decision will go a long way in correcting the wrongs suffered by people living with HIV as many of them have been discriminated against and have lost their jobs due to discrimination, just like Georgina.”
Morka, however, condemned the lengthy period of 12 years in getting justice.
In her reaction, an elated Ahamafule expressed her joy with the judgment, stating that the emotional and psychological trauma she suffered have been alleviated.
She said: “I joined the Imperial Medical Centre as an auxillary nurse in 1989.
“I discovered I was pregnant and my skin started having boils and I sought medical attention from Dr. Alex Molokwu, who carried medical examinations and diagnostic tests without disclosing the nature and outcome of the test on me.
“Dr. Omolokwu later asked me to see one Dr. Okanny at the University of Lagos Teaching Hospital where further tests were carried out and I was informed that I am HIV positive.
“I was not provided any form of counselling and Dr. Molokwu promptly terminated my employment on October 23, 1995.
“As if that was not enough, I suffered a miscarriage of my four months pregnancy due to the trauma but when I went to the Imperial Medical Centre to have an evacuation done, the same Dr. Molokwu turned down my treatment as I was further victimised, rejected, humiliated and put at great risk when Dr. Molokwu declined to carry out his own prescribed evacuation of the miscarried pregnancy on ground of my HIV positive status.
“It was medical doctors at another hospital that carried out the evacuation.
“I have been positive despite the delay in the case.
“I trusted God and SERAC and today we have victory not just for ourselves but for persons living with HIV.
“I contracted this virus from the hospital while doing my job but it’s the same hospital that sadly discriminated against me.
In tackling discrimination against persons living with HIV, Morka urged the government to sensitise and enlighten the public on HIV and to discourage every act of discrimination against persons living with HIV by passing the bill on discrimination against persons living with HIV/AIDS into law.