Olukemi Ade-Adeniji
Nigeria’s Discrimination Against Persons with Disabilities (Prohibition) Act, 2018 marked a watershed moment in the fight for inclusivity. The law unequivocally states: “Persons with Disabilities (PWDs) shall not be discriminated against in any manner or circumstance.”
Yet, five years after its enactment, critical questions linger about its enforcement, accessibility, and tangible impact on the lives of Nigeria’s 30 million PWDs.
Like many anti-discrimination statutes globally, the PWD Act requires violations to be proven “beyond reasonable doubt”, a criminal standard typically reserved for grave offenses. This poses a significant hurdle for PWDs facing subtle or systemic bias. Proving discrimination in employment, education, or public services demands extensive evidence, resources, and legal savvy many marginalized individuals lack.
Five years after Nigeria enacted the Discrimination Against Persons with Disabilities (Prohibition) Act 2018, a critical question remains: Is this law truly protecting the rights of Persons with Disabilities (PWDs), or is it just words on paper? While the law explicitly prohibits discrimination in any manner or circumstance, the reality for millions of PWDs tells a different story.
Consider the experience of “Amina Lawal”, a 32-year-old wheelchair user with a degree in Accounting from the University of Lagos. In 2022, Amina applied for a position at a top commercial bank, passing all stages of the interview process. However, upon arrival for her final interview, she was told the building had “no wheelchair access” to the interview room on the third floor. The bank suggested she withdraw her application, offering no alternative accommodation.
When Amina filed a complaint with the National Commission for Persons with Disabilities (NCPWD), she faced three major hurdles:
1. Burden of Proof: She had to prove the bank’s actions were intentionally discriminatory—a nearly impossible task without written evidence. 2. Cost: Legal representation demanded ₦500,000 upfront, far beyond her means as an unemployed graduate. 3. Delay: After 18 months, her case remains unresolved due to bureaucratic backlogs.
Amina’s story reflects the systemic failures undermining the PWD Act’s promise. While the Act penalizes offenders with fines (₦100,000–₦1,000,000) or imprisonment, it glaringly omits *remedial measures* for victims. Key concerns remain unanswered: – If a PWD is wrongfully denied employment, does the law mandate their reinstatement or hiring? – Are there provisions for compensation, counseling, or systemic reforms? The focus on punitive justice over restorative solutions leaves aggrieved persons without pathways to rebuild their lives.
The Act designates agencies like the National Commission for Persons with Disabilities (NCPWD) to receive complaints. However, transparency gaps persist: – Awareness: Most PWDs are unaware of these channels.
– Capacity: Agencies lack resources for investigations, mediation, or legal aid. – Data: No public records show complaint volumes, resolution rates, or hearing timelines. Without metrics, accountability is impossible.
Pursuing justice faces two steep obstacles:
1. Legal Costs: Lawyers’ fees and bureaucratic delays make litigation unaffordable for most PWDs. Nigeria’s overburdened courts exacerbate this.
2. Awareness Deficit: The Federal Ministry of Information’s mandate to conduct rights-awareness programs remains unfulfilled. Many PWDs—especially in rural areas—cannot claim rights they don’t know exist.
The PWD Act’s promise is undermined by implementation failures. As one advocate bluntly notes: “Awareness programs seem non-existent—unless I’m the only Nigerian unaware of them.” This raises a fundamental question: Does Nigeria, as a nation, have a responsibility to create an enabling environment for PWDs
For the PWD Act to transcend symbolism, Nigeria must: – Simplify discrimination proof standards; – Mandate victim-centered remedies (e.g., job reinstatement); Fund accessible complaint mechanisms; – Launch nationwide awareness campaigns. – Encourage corporate accountability** in hiring and accessibility. Laws alone cannot dismantle discrimination—people must enforce them, institutions must uphold them, and society must demand them. Let’s move from paper promises to real action.
Until then, the chasm between law and reality will persist—leaving millions behind.
#Olukemi Ade-Adeniji , Ph.D is a HR consultant and an advocate for inclusive workplace and leadership
