Court Rules Condoms Not Completely Safe, But Total Abstinence

Justice Taofiquat Oyekan-Abdullahi of a Lagos High Court
has said that condoms are not 100 per cent effective, and that
total abstinence or faithfulness is the best option.

The Judge, in her considered judgement which was the outcome of
the mutual agreement for the two parties to the suit, held that the
respondent shall continue to insert the Health Risk Warning Clause
of the APCON to wit: “Condom is not 100 per cent safe. Total
abstinence or faithfulness is the best option in all condom
advertisements.

Justice Oyekan-Abdullahi has equally ordered that condom
advertisements should only be aired between 6a.m and 8p.m on radio
and between 6p.m and 10p.m on television henceforth.

Delivering ruling in a suit filed by the Incorporated Trustees
of the Project for Human Development (PHD) against the Incorporated
Society for Family Health (SFH), the judge also held that condoms
are not 100 per cent effective, and that total abstinence or
faithfulness is the best option.

PHD had in the suit filed through their counsel, Sonnie Ekwowusi
of Sonnie Ekwowusi and Co, among other reliefs, asked the court to
declare that the advertisement of the ‘Gold Circle’ condom by SFH
in a national newspaper without the Health Risk Warning Clause of
the Advertising Practitioners Council of Nigeria (APCON) that the
product “is not 100 per cent safe but total abstinence or
faithfulness is the best option,” is illegal and
unconstitutional.

The applicant also prayed the court to declare that
failure/negligence/refusal of the 1st respondent to insert the
aforesaid Health Risk Warning Clause on the packets of ‘Gold
Circle’ condom which it markets and advertises throughout Nigeria
is contrary to article 49 of the APCON laws, Sections 17, 37, 38,
39 (3), 45 of the 1999 Constitution and Articles 17, 18 27 and 29
of the African Charter on Human & Peoples’ Rights (Ratification
Enforcement) Act, CAP 10 and therefore illegal and
unconstitutional.

The applicant contended that the way condoms are advertised in
Nigeria and elsewhere, gives the misleading impression that condoms
are 100 per cent safe/effective.

According to the applicant, the statements that condoms offer
“maximum protection” and that “Condoms protect both of you against
infections…” are false.
“The “warning” sign reproduced below which has been put out by
Rubber Chemistry and Technology, Washington, D.C., United States,
since June 1992, but has remained unchallenged to date.

“If there are no holes in condoms, why would the United States
Food and Drug Administration (FDA) insist that manufacturers test
for holes in condoms and consequently sets an Acceptable Quality
Level (AQL) that if up to four condoms have holes in a batch of
1,000, the batch will be allowed to pass.

“Condoms, in addition to having possible manufacturing defects,
could undergo deterioration during shipping, handling and storage,
and even further degradation after purchase by the end user.

“To a greater or lesser degree, factors such as the following
have been proposed as possibly contributing to the degradation of
latex (and thus to condom failure): exposure to sunlight, heat
(including body heat when placed in pockets or wallets), humidity,
pressure, certain spermicides and even to atmospheric ozone
(2).
“Besides, the condom may still suffer last-minute physical damage
immediately prior to or during actual use, such as contact with
pointed or sharp objects including fingernails and rings.

“From the above documented facts, it is very clear that the AIDS
virus can pass through the latex membrane and it has also
scientifically been proven that the AIDS virus does pass through
the latex membrane,” the applicant argued.

The applicant therefore prayed the court for perpetual
injunction restraining the 1st respondent, whether by themselves,
their agent, servants or privies or otherwise howsoever, from
further advertising the ‘Gold Circle’ condom or any condom at all
in The Guardian Newspaper of the second respondent or any other
media or anywhere in Nigeria without compliance with APCON
laws.

“With this judgement of the Lagos State High Court, anybody
putting a blind faith on condoms is taking a big risk.
“If condoms have naturally-occurring could undergo deterioration
during shipping, handling and storage as well as slip off the penis
or the vagina during sexual intercourse, why the self-conceited
reliance on condoms?” Ekwowusi asked.

Justice Taofiquat Oyekan-Abdullahi of a Lagos High Court
has said that condoms are not 100 per cent effective, and that
total abstinence or faithfulness is the best option.

The Judge, in her considered judgement which was the outcome of
the mutual agreement for the two parties to the suit, held that the
respondent shall continue to insert the Health Risk Warning Clause
of the APCON to wit: “Condom is not 100 per cent safe. Total
abstinence or faithfulness is the best option in all condom
advertisements.

Justice Oyekan-Abdullahi has equally ordered that condom
advertisements should only be aired between 6a.m and 8p.m on radio
and between 6p.m and 10p.m on television henceforth.

Delivering ruling in a suit filed by the Incorporated Trustees
of the Project for Human Development (PHD) against the Incorporated
Society for Family Health (SFH), the judge also held that condoms
are not 100 per cent effective, and that total abstinence or
faithfulness is the best option.

PHD had in the suit filed through their counsel, Sonnie Ekwowusi
of Sonnie Ekwowusi and Co, among other reliefs, asked the court to
declare that the advertisement of the ‘Gold Circle’ condom by SFH
in a national newspaper without the Health Risk Warning Clause of
the Advertising Practitioners Council of Nigeria (APCON) that the
product “is not 100 per cent safe but total abstinence or
faithfulness is the best option,” is illegal and
unconstitutional.

The applicant also prayed the court to declare that
failure/negligence/refusal of the 1st respondent to insert the
aforesaid Health Risk Warning Clause on the packets of ‘Gold
Circle’ condom which it markets and advertises throughout Nigeria
is contrary to article 49 of the APCON laws, Sections 17, 37, 38,
39 (3), 45 of the 1999 Constitution and Articles 17, 18 27 and 29
of the African Charter on Human & Peoples’ Rights (Ratification
Enforcement) Act, CAP 10 and therefore illegal and
unconstitutional.

The applicant contended that the way condoms are advertised in
Nigeria and elsewhere, gives the misleading impression that condoms
are 100 per cent safe/effective.

According to the applicant, the statements that condoms offer
“maximum protection” and that “Condoms protect both of you against
infections…” are false.
“The “warning” sign reproduced below which has been put out by
Rubber Chemistry and Technology, Washington, D.C., United States,
since June 1992, but has remained unchallenged to date.

“If there are no holes in condoms, why would the United States
Food and Drug Administration (FDA) insist that manufacturers test
for holes in condoms and consequently sets an Acceptable Quality
Level (AQL) that if up to four condoms have holes in a batch of
1,000, the batch will be allowed to pass.

“Condoms, in addition to having possible manufacturing defects,
could undergo deterioration during shipping, handling and storage,
and even further degradation after purchase by the end user.

“To a greater or lesser degree, factors such as the following
have been proposed as possibly contributing to the degradation of
latex (and thus to condom failure): exposure to sunlight, heat
(including body heat when placed in pockets or wallets), humidity,
pressure, certain spermicides and even to atmospheric ozone
(2).
“Besides, the condom may still suffer last-minute physical damage
immediately prior to or during actual use, such as contact with
pointed or sharp objects including fingernails and rings.

“From the above documented facts, it is very clear that the AIDS
virus can pass through the latex membrane and it has also
scientifically been proven that the AIDS virus does pass through
the latex membrane,” the applicant argued.

The applicant therefore prayed the court for perpetual
injunction restraining the 1st respondent, whether by themselves,
their agent, servants or privies or otherwise howsoever, from
further advertising the ‘Gold Circle’ condom or any condom at all
in The Guardian Newspaper of the second respondent or any other
media or anywhere in Nigeria without compliance with APCON
laws.

“With this judgement of the Lagos State High Court, anybody
putting a blind faith on condoms is taking a big risk.
“If condoms have naturally-occurring could undergo deterioration
during shipping, handling and storage as well as slip off the penis
or the vagina during sexual intercourse, why the self-conceited
reliance on condoms?” Ekwowusi asked.