Georgina Ahamefule started working as an auxiliary nurse at Imperial Medical Centre in 1989. In 1995, while pregnant, she developed some boils and sought treatment from Dr. Alex Molokwu, who conducted diagnostic tests without informing her about the nature of the tests, their outcome, or providing any counseling before and after the tests were conducted.

Thereafter, the Dr. Molokwu required that Ahamefule take a two-week medical leave and also referred her to a physician at Lagos State University Teaching Hospital with a sealed note which she hand-delivered. The physician requested that she return with her husband and took blood samples from both without providing any information about what tests the samples would be used for or any counseling. Subsequently, the physician informed Ahamefule and her husband that the HIV test he had conducted on them showed her HIV status was positive while her husband’s was negative. No post-testing counselling was provided following these results.

Ahamefule returned to the Imperial Medical Centre to meet with Dr. Molokwu who directed her to collect a letter of termination of employment. Ahamefule, soon after, had a miscarriage and was denied a medically-necessary surgical procedure at the Imperial Medical Centre due to her HIV status.

In 2000, Ahamefule filed a petition against the Imperial Medical Centre and Dr. Molokwu before the High Court of Nigeria. She argued conducting a HIV test on her without obtaining informed consent and without providing pre- and post-testing counseling constituted battery and professional negligence. Moreover, she alleged that the termination of her employment based on her HIV-positive status violated her right to non-discrimination under Articles 2, 18(3) and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and the Laws of the Federation of Nigeria (African Charter). Lastly, she argued that because of her HIV-positive status the hospital refused to provide the required medical care and provoke her miscarriage, therefore violating her right to health under Article 6 of the African Charter and Article 12 of the International Covenant on Economic, Social and Cultural Rights.

The Imperial Medical Centre and Dr. Molokwu challenged the jurisdiction of the Court arguing that Section 254c (1) Act 2010 of the Constitution had conferred exclusive jurisdiction over employment-related cases to the National Industrial Court and therefore the petition should be deemed inadmissible.