On May 15, 2025, Honourable Justice Ikechi Gerald Nweneka of the National Industrial Court, Lagos Judicial Division, delivered a landmark judgment that strengthens workplace protections for persons living with or perceived to be living with HIV in Nigeria.<\/p>\n\n\n\n
This case filed in 2021 by the legal team at Minority Watch made up of the founder and Executive Director; Chizelu Emejulu, Esq and the Programs Manager; Clinton Mabilo, Esq, affirms the illegality of HIV-based discrimination in employment under the HIV and AIDS (Anti-Discrimination) Act, 2014.<\/p>\n\n\n\n
The Court held that the 1st Defendant\u2019s subjection of the Claimant to a mandatory HIV test as a condition for resuming work with them, the 2nd Defendant\u2019s disclosing of the Claimant\u2019s HIV status to third parties without the Claimant\u2019s informed consent, and terminating the Claimant\u2019s employment offer based on his real or perceived HIV status, all constitute unlawful violations of the Claimant\u2019s rights to privacy, dignity, and freedom from discrimination.<\/p>\n\n\n\n
This case, which was commenced before the official commencement date of Minority Watch, is the organization\u2019s first HIV discrimination test case and offers rich judicial reasoning spanning over 31 pages. It is a must-read for legal practitioners, CSOs, employers, and human rights advocates seeking clarity on workplace discrimination laws in Nigeria.<\/p>\n\n\n\n