Following the ban of HIV/AIDS vaccine discovered by Dr Jeremiah Abalaka, 16 years ago, Justice Binta Nyako of Federal High Court in Makurdi, Benue State, has declared the ban illegal and null and void.
In a 32-page judgment, she held that given the dreaded nature of HIV/AIDS, it is incumbent on government to encourage health experts with scientific claims to the discovery of vaccines or cure, as opposed to discouraging them.
Abalaka alongside 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. RP13567 dated July 22 1999.
The court observed that the National Agency for Food and Drug Control Administration (NAFDAC) as the 3rd defendant though is vested with the responsibility of registering drugs and vaccines and has the powers to ban such, but lacked the facility to test Abalaka’s HIV vaccine, and as such failed to provide a convincing order to warrant the ban of the said vaccine.
The President, Attorney-General of the Federation and National Agency for Foods and Drugs Administration and Control were defendants in the case.
The government had banned the use of the vaccines by the regime of ex-President Olusegun Obasanjo, even when the Editor of an international Journal, “The Vaccine”, has praised his efforts.
He had told the court now he took blood from an infected person, treat it and re-inject it back into the person.
The surgeon had also informed the Court that he has treated infected persons with their consent and quite a few have reverted to negative.
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