In this ruling, the National Industrial Court dismissed the preliminary objections filed by the 1st and 2nd Defendants, affirming its jurisdiction to entertain this HIV workplace discrimination suit.

The Court held that the unlawful disclosure of an employee’s HIV status, where it is connected with the withdrawal of employment or other adverse workplace consequences, is a matter relating to and connected with labour and employment within the meaning of section 254C of the Constitution of the Federal Republic of Nigeria 1999 (as amended). It further held that objections founded on jurisdiction, misjoinder and misnomer could not defeat the action, emphasising that disputes of this nature should be determined on their merits rather than disposed of on technical grounds.

This ruling represents a cornerstone procedural victory for Minority Watch’s strategic litigation programme, strengthening access to justice for survivors of workplace discrimination and affirming the National Industrial Court as the appropriate forum for the adjudication of employment-related human rights violations, including discrimination based on HIV status.