PLWH gets pseudoymn for prosecution

October 25, 2006 :: Chinedu Eze,Lagos, ThisDay

In 2002, Centre 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 for treatment.

The applicant 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, declaration that denial of treatment to the applicant solely due to her HIV/AIDS status constituted an act of unfair discrimination 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 among others.

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 slated for November 14, 2006 for hearing of the substantive application