Understanding the Legal Remedies for Victims of STD Transmission in Nigeria

Sexually transmitted infections (STIs), or sexually transmitted diseases (STDs), are global public health concerns, with Nigeria facing its own challenges in addressing the prevalence of STDs, particularly among the youth. A study in Benin City revealed that 27.7% of sexually active undergraduates had STDs, with common infections including gonorrhea, syphilis, and HIV/AIDS. While the legal framework in Nigeria does not explicitly address the transmission of STDs, existing laws provide a basis for holding individuals accountable for the reckless or intentional transmission of STDs. This article explores the legal possibilities for suing someone for transmitting an STD in Nigeria, considering the physical, emotional, and economic consequences involved.
2.0: Understanding the Legal Remedies for Victims of STD Transmission in Nigeria

While Nigeria lacks specific laws addressing the reckless transmission of STDs, the general principle of law provides a remedy where there is a wrong. The legal maxim Ubi jus ibi remedium (where there is a right, there must be a remedy) underpins the possibility of legal action. Victims of STD transmission can pursue redress either through tort or criminal law.
2.1: Negligence as a Tort

Victims of STD transmission can file lawsuits under the tort of negligence, where there is a breach of a duty of care leading to harm. The elements of negligence are:

A duty of care owed by the defendant to the plaintiff,
A breach of that duty, and
Damage to the plaintiff caused by the breach.

In cases where an individual intentionally withholds information about their STD status and infects another person, the victim may claim damages for medical costs, emotional distress, and other losses. A prime example can be found in the case of State v. Lankford, where the court ruled that a husband who infected his wife with syphilis without disclosing his condition was guilty of battery, as the wife did not consent to the infection.

Similarly, in Hendricks v. Butcher, the court emphasized that once an individual is aware of their infection, they must inform their sexual partner to protect them from harm. Therefore, if a person knowingly infects another with an STD, they may be liable for negligence.
2.2: Criminal Law

Although Nigerian criminal statutes (e.g., the Criminal Code and Penal Code) do not explicitly mention the transmission of STDs, other provisions may apply. For example, if a victim contracts an STD through rape, the perpetrator can be charged under rape laws. Both the Criminal Code and the Penal Code prescribe severe punishments for rape, with life imprisonment as the maximum penalty for conviction.

Additionally, if an individual knowingly transmits an STD to another person without consent, this could amount to a criminal offense under general assault or battery laws, even if the infection was not directly tied to a rape situation.
2.3: The National Health Act (NHA), 2014

The NHA provides a framework for regulating healthcare in Nigeria and mandates that healthcare providers offer necessary treatment and ensure patient rights. The Act includes provisions for patients’ rights to emergency treatment, information about health conditions, and informed consent. It also imposes penalties for medical practitioners who fail to meet their duties, including situations where healthcare providers negligently infect patients with STDs.

For instance, if a medical professional uses contaminated equipment or conducts a negligent blood transfusion, causing a patient to contract an STD, the medical professional may be held accountable under the NHA and face penalties.
2.4: Fraudulent Misrepresentation

Fraudulent misrepresentation occurs when a person knowingly lies about their health status to induce another person into sexual activity. In such cases, the victim may sue for fraudulent misrepresentation under the Criminal Code or Penal Code. The law requires full disclosure of one’s STD status, and failing to do so may be considered an unlawful act, endangering the victim’s right to life and dignity. Under Section 33 of the 1999 Constitution, the right to life is protected, and any intentional act that compromises this right, such as the deliberate transmission of an STD, is punishable by law.
2.5: The Violence Against Persons (Prohibition) Act (VAPP), 2015

The VAPP Act criminalizes acts of violence that result in physical, psychological, or emotional harm. While it does not specifically address STD transmission, its provisions can apply to cases where the reckless transmission of STDs causes harm to another person. For instance, if a person intentionally infects another with an STD, it may be deemed an act of physical or psychological violence, thus violating the VAPP Act.

Section 14 of the VAPP Act, which criminalizes emotional and psychological abuse, could also apply in cases where STD transmission leads to significant emotional distress for the victim. The Act’s provisions ensure that victims of STD transmission have access to legal redress and compensation for both physical and emotional harm.
3.0: Conclusion

The right to life and dignity is fundamental and should be protected at all costs. Although Nigeria lacks specific legislation criminalizing the intentional or reckless transmission of STDs, victims can still seek redress through existing legal frameworks, including negligence, criminal law, fraudulent misrepresentation, and the VAPP Act. It is crucial that lawmakers enact specific legislation to address the transmission of STDs, ensuring that the rights and welfare of citizens are safeguarded. Such legislation would provide clear criminal and civil remedies for those affected, promoting a safer and healthier society. Furthermore, more states should adopt the VAPP Act to extend protection to victims of violence, including those suffering from the harmful effects of STD transmission.