Right of Person with Disability in Nigeria

Rights of Persons with Disability in Nigeria

Date: April 2026

Persons with disabilities, commonly referred to as PWDs, are defined as individuals who possess one form of physical or mental challenge or another. These specific challenges render them unable to perform at least one major function as would be expected from a fully able-bodied person.

It is critically important to recognize that persons with disabilities possess universal rights both as general human beings and as a specific group. These general rights are grounded in the International Legal Regime of Human Rights. Key instruments include:

  • The Universal Declaration of Human Rights (UDHR), 1948
  • The International Covenant on Civil and Political Rights (ICCPR), 1966
  • The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
  • The Convention on the Rights of the Child
  • The Convention on the Elimination of All Forms of Discrimination Against Women (CDAW)
  • The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Rights of Migrants)
  • The African Charter on Human and People's Rights
  • International Covenant on the Rights [etc.]

Legal Framework in Nigeria

In the Nigerian context, Persons with Disability (PWD) have their rights protected through several domestic instruments:

  • The Constitution of the Federal Republic of Nigeria (CFRN), 1999: Specifically within Chapter IV, which contains the Fundamental Rights of all citizens.
  • The Child Rights Act (and Child Rights Laws in various states): These ensure that children living with disabilities specifically enjoy their rights.
  • Lex Specialist: Currently, Nigeria has a specific governing law known as a "Lex Specialist" that clearly enumerates the special rights of persons with disabilities. This law is titled The Discrimination Against Persons with Disability (Prohibition) Act, 2018.

The Discrimination Against Persons with Disability (Prohibition) Act, 2018

This Act was officially signed into law in January 2019. Its primary functions are to prohibit all forms of discrimination against individuals living with disabilities in Nigeria and to ensure their full integration into society.

Mandatory Transitional Period

The Act included a mandatory constitutional period of 55 years. This period was designed to demand and facilitate the establishment of the necessary national provisions for persons with disabilities.

The National Commission for Persons with Disabilities

The Act mandated the establishment of a special commission known as the National Commission for Persons with Disabilities. This commission is required to have a presence across the entire country, with offices established in all 3636 states of the Federation as well as the Federal Capital Territory (FCT).

Infrastructure and Transportation Requirements

Another critical requirement of the Act is the modification of all public buildings and transportation systems to accommodate persons with disabilities. Facilities that must be provided include:

  • Wheelchair accessibility (ramps/elevators)
  • Audio-visual directional aids
  • Other specialized needs as required

Key Provisions of the Act

1. Prohibition of Discrimination

It is now illegal to prohibit persons with disabilities from accessing or enjoying:

  • Employment opportunities
  • Public services
  • Education
  • Housing services
2. Accessibility

Under the Act, all public buildings must remain accessible to persons with disabilities. This accessibility mandate extends to:

  • Transportation systems
  • Housing units
  • Walkways
  • Banks and offices
  • Provision of assistance, such as interpreters and sign language experts, depending on the nature of the disability.
3. Access to Enforcement of Rights

The courts are legally mandated to prioritize and provide speedy dispensation of justice for persons with disabilities. The intention of the Act is that in cases where a person with a disability cannot afford legal representation, they should have access to the Legal Aid Council.

4. Right to Education and Health Care
  • Education: The Act mandates free education for persons with disabilities up to the secondary school level.
  • Health care: The Act grants rights to healthcare services, with a specific emphasis on those who are mentally disabled.
5. Employment Opportunity Rule

The Act establishes a mandatory quota for institutions, requiring them to employ at least 5%5\% of their total workforce from the community of persons with disabilities. Furthermore, discrimination is prohibited in areas regarding career advancement, such as promotions.

6. Legal Redress

Violators of this Act face significant penalties. They may be required to pay fines as high as N100,000\text{N}100,000, face imprisonment, or be blacklisted if they fail to execute the mandates of the Act. Importantly, the Act applies to both public and private organizations, with full implementation being mandated for both sectors.

Personal Protections and Social Rights

Right to Dignity of Person

Persons with disabilities have an inherent right to the dignity of their person, regardless of their condition. This protection explicitly includes patients with mental health conditions. Family members, health practitioners, and employers are strictly prohibited from:

  • Carrying out suppression
  • Engaging in dehumanizing treatment
  • Flogging, chaining, or locking a person suffering from a mental disorder in a room.
Freedom from Torture

All persons with disabilities must be free from torture. This protection is specifically directed at potential abuse from:

  • Caregivers
  • Law enforcement agencies
  • Family members
  • Employees
Property and Contractual Rights

Persons with disabilities have the right to own property and engage in contractual relationships. In cases where they may not fully understand the purpose of certain transactions (such as education or contracts), they can act through a representative, usually called a guardian ad litem. This representative must be an adult with full mental capacity and a legal obligation to act in the person's best interest according to the law.

Challenges to the Enforcement of the Act

Despite the legislative framework, several obstacles hinder the full enforcement of the Act:

  1. Lack of full implementation of the Act's provisions.
  2. Non-enforcement of prescribed penalties for violators.
  3. Illiteracy and a general lack of enlightenment regarding the rights of the disabled.
  4. Lack of access to justice.
  5. Poverty.
  6. Slow adaptation of public buildings and public places to meet accessibility standards.
  7. The failure to fully establish the National Commission for Persons with Disabilities across the nation.
  8. A shortage of expert professionals trained to cater to the specific needs of persons with disabilities.
  9. Public apathy toward persons with disability.
  10. Persistent and harmful traditional beliefs that encourage discrimination.

Obligations of Government in the Protection of Right to Disabilities

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