Tuesday 9 October 2012

Nurse Wins Landmark HIV case By Patience Ogbo. A Landmark judgment that will change the way people living with HIV/AIDs has been delivered by the Lagos State High court. The judgment delivered by Justice Y.O Idowu bothers on the lawsuit instituted by Georgina Ahamefule against the Imperial Medical Centre and Dr.Alex Molokwu over allegation that Mrs Ahamefule was dismissed from the Imperial Medical Centre as a result of her HIV/AIDS status. The judgment delivered on September 27th 2012 was instituted by the Social and Economic Rights Action Centre(SERAC) on July 14th,2000 held that the termination of Mrs Ahamefule'employment as an auxillary nurse by the Imperial Medical Centre on the ground of her HIV positive status is illegal,unlawful and actuated by Malice and extreme bad faith. The jugdgment stated in part that "the purported termination of the plaintiff's (Mrs Ahamefule) employment is illegal,unlawful and actuated by malice and extreme bad faith". Also "that the Defendants'(Dr. Molokwu) action in denying the Plaintiff medical care on grounds of her HIV positive status constitutes a flangrant violation of the right to health guranteed under article 16 of the African Charter on Human and Peoples'Rights. The court also ruled that the sum of N7million be awarded to Mrs Ahamefule being compensation for unlawful conduct of HIV testing without her consent and general damages for the wrongful termination of the her employment. Reacting to the Judgment,Felix Morka the SERAC Executive Director at a brief briefing in Lagos stated that the judgment will go a long way in checking discrimination against people living with HIV. "This is a landmark judgment in the first ever Human Immunodeficiency Virus(HIV) discrimation lawsuit filed by SERAC twelve 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 twelve 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 discrimated against and have lost their jobs due to discrimination just like Georgina" Mr. Morka however condemned the lengthy period of twelve years in getting justice. In her reaction an elated Mrs Ahamafule expressed her joy with the judgment stating that the emotional and psychological truama she suffered have been alleviated. "I joined the Imperial Medical Centre as an auxillary nurse in 1989. I discovered I was pregnant and my skin started having boils on my skin and 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 University of Lagos Teaching Hospital where further test was 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 23rd 1995. As if that was not enough, I suffered a miscarraige of my four months pregnancy due to the truama but when I went to the Imperial Medical Centre ,to have an evacuation done,thesame Dr. Molokwu turned down my treatment as I was further victimised,rejected,humilated 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 wass 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 its thesame hospital that sadly discriminated against me"Mrs Ahamefule said. In tackling discrimination against persons living with HIV virus,Mr Morka urged the government to sensitise and engligthen 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

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