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Court strikes out HIV/AIDS patients’ $50bn suit against NAFDAC

BY Innocent Anaba

LAGOS—A Federal High Court sitting in Lagos has struck out a $50 billion suit by some people living with HIV/AIDS against the National Agency for Food and Drug Administration and Control, NAFDAC, and others.

Some people infected with HIV/AIDS after using Gold Circle Condoms and other clinical trial condoms had filed the suit against NAFDAC and others, seeking $50 billion as damages.

The plaintiffs, Sunday Emmanuel, Dozie Iwuju, Emmanuel Ugwueze, Nkem Obi, Ikechukwu Okwu, Rosemary Ndifon, Ekaette Sunday, Chinwe Uchendu, Chidinma Kingsley, Ifeanyichi Anosike, Dr. Lawson Akpulonu, M.G Bendi and HIV/AIDS Research, Information and Treatment Foundation, had dragged the Federal Ministry of Health, National Agency for the Control of Aids, NACA, NAFDAC and Society for Family Health, before the court, contending that they were shocked when they tested positive to HIV/AIDS despite using Gold Circle Condoms and other brands of condoms provided freely by NACA.

According to them, the development threw them into severe emotional distress, anxiety and physical pains, psychological trauma as well as being unable to work or provide for their dependants.

The plaintiffs had sought a declaration that condom was not a preventive device against HIV but a risk factor and a causative agent of HIV in Nigeria.

However, Justice Akanbi struck out the suit following a notice of discontinuance filed by the plaintiffs.

The court also awarded N25,000 costs each in favour of NAFDAC and Society for Family Health.


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