THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

On September 9, 2005, Samuel and others were arraigned before Enugu North Magistrate Court II on a“Holding Charge” for treason and treasonable felony, contrary to section 37(2) and 41(c) Criminal Code,Laws of the federation 1990. The offence attracts the death penalty on conviction. They were remandedin prison custody while awaiting trial. Subsequently, on March 3, 2006, charge No. FHC/EN/CS/243/05was filed at the Federal High Court II, Enugu against Samuel and five others. All suspects pleaded notguilty to the charge. The case was adjoined to April 5, 2006 to enable the Federal Prosecutor file trialinformation. On the adjourned date, the Prosecutor was not in court and the court further remandedthem in prison custody.On the August 13, 2003, Mr. Collins Ifelika, a 29 year old trader and member of Rosicrucian Orderof AMORC, who lives in Gwa­gwa a suburb in Abuja was arrested by the police and taken toGwagwa Police Station over an allegation of child kidnapping. After spending three months inpolice custody, Mr. Ifelika was later charged to court and remanded in Suleja Prison where he stillremains up till now.Collins Ifelika’s ordeals begun when a co­tenant, Mr. Adeyemi raised an alarm that his son wasmissing. A spiritualist informed Mr. Adeyemi, a driver by profession that his co­tenant was responsiblefor his missing son. Six days later on August 13, 2006, Mr. Adeyemi reported the matter to the policewho arrested Collins Ifejika over the missing child. The Investigation Police Officer, Stephen Usmanlater charged Collins with kidnapping before Magistrate Court’s, Jiwa, Abuja. Mr. Shuaibu theMagistrate remanded Collins at Suleja Prisons while awaiting the report of the DPP, in order to decidewhether to file charges against Collins at the High Court.In July 2006, the Chief Judge of the Federal Capital Territory, Hon. Justice Mohammed Lawal Gummivisited Suleja Prisons and examined the case file of Collins. Justice Gummi then ordered that the casefile be brought to his office by the DPP to ascertain why Collins should not be release d from detention.Up to the time of this report, the DPP had not complied with the directives of the Chief Judge andCollins is still in detention.Georgina Ahamefule, 47 years old of No. 19 Magbesa Street Kirikiri, Apapa, Lagos, worked asSenior Nursing Aide with Imperial Medical Centre, No. 65 Brickfield Street, Off Apapa Road,Lagos. In October 1995, she was sacked because of her HIV status.Sometime in 1995, Georgina fell sick and the hospital treated her since she was its employee. A HIVtest was carried out on her without her consent, and without the benefit of pre­test and post testcounseling. On being confirmed HIV positive, the hospital sent her to Lagos Universal TeachingHospital (LUTH) for a confirmatory test, still unknown to her, on 19 th October 1995. The confirmatorytest was still carried out on her without necessary counseling. When the confirmatory test turned outpositive, she was asked to invite her husband to the hospital. At this point she still had no idea aboutwhat was going on. LUTH informed her husband of her HIV positive status without her consent, and thenecessary post counseling.In 2001, Social and Economic Rights Action Centre (SERAC) a Lagos – based NGO, filed a suit at IkejaHigh Court, Lagos for unlawful termination of appointment, against her employer. When the case cameup for hearing, the trail judge was reported to have denied her entry into the court room, except expertevidence was proffered to show that persons in court would not be infected with HIV by her presence.Based on the pronouncement by the trial Judge, SERAC filed an appeal to against the request forexpert evidence.81