Court Nullifies Ban on Abalaka’s HIV/AIDS Vaccine

Category: Nigerian National News


After 16 years, a Federal High Court in Makurdi, Benue State, has declared the ban placed by ex-President Olusegun Obasanjo ’s administration on the use of HIV/AIDS vaccine discovered by a surgeon, Jeremiah Abalaka, as illegal, null and void.

Justice Binta Nyako in a 32-page judgment obtained by journalists during a press briefing on Saturday in Abuja, held that efforts like this should be encouraged.

Abalaka and his hospital, Medicrest Specialist Hospital Limited, Gwagwalada, had dragged the Federal Government to court seeking a declaration that the July 20, 2000 ban or suspension of the use

of HIV vaccine he discovered was illegal, null and void, because it violates his Patent No. RP 13567 dated July 22, 1999.

The President, Attorney-General of the Federation and the National Agency for Foods and Drugs Administration and Control were joined as defendants in the suit.

Abalaka had told the court how he took blood from an infected person, treated it and re-injected it back into the person.

“That he did this on himself, using the blood of an infected person and after three months tested himself and he is negative,” the court held.
The surgeon had also informed the court that he had treated infected persons with their consent and quite a few reverted to negative.

According to him, even though he had informed the officials in the Federal Ministry of Health of his major breakthrough and sought their collaboration, they were not cooperative, but instead, set up a committee that wanted him to give them his patent.

Despite his victory, Abalaka says he has not forgiven the former President for the ban placed on his vaccine. He said:
“For me, I think it is a matter of basis; you can forgive someone or ignore what the person has done. Obasanjo has not apologised to me? How does forgiveness for him come up? Even if you believe in God as I do, we confess our sins to God before God forgives us. God is Almighty; even when we do wrong, we go to God and seek forgiveness. 
Obasanjo  has not apologised to me in anyway; so for me, the issue of forgiveness for Obasanjo is premature and out of place. I can ignore all he has done and that is the only option available to me.''

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