Our legal advocacy in court for workplace protection of the rights of people living with HIV in Nigeria suffered a major set-back when on 5th November, 2025, Honourable Justice O.A Odusanya of the High Court of Lagos State, Ikeja Judicial Division, dismissed the case filed by the Applicant for the enforcement of his fundamental rights.

This case, commenced in 2024, is our second test case in a series of cases filed with the intention of developing the jurisprudence of, as well as protecting the rights of people living with HIV in Nigeria.

The Applicant had approached the court seeking a declaration that the Respondent’s insistence that he must take a HIV test as a condition for continuing to participate in a fashion reality show, and that their termination of his participation in the show on grounds of his HIV status are violations of his fundamental rights. The Applicant also prayed the court for an order directing the Respondents to desist from the practice of insisting on such compulsory tests in their fashion reality shows in future.

In dismissing the case of the Applicant, the court agreed with the Respondent that their decision to exclude the Applicant from the fashion reality show was a prudent measure designed to prevent the other participants from being exposed to any danger of transmission, despite the fact that the Applicant led evidence to show that he has been religiously taking his anti-retroviral medications since 2016, and thus was not capable of transmitting the virus to anyone. The court further held that “…the root cause of the dispute may relate to some form of contractual transaction between the parties and not one that can be captured under the Enforcement of Fundamental Rights”.

To better appreciate the reasoning that led to this ruling, we invite you to read the certified true copy of the judgment