THE National Commission for Persons with disabilities(NCPWD), the Government body tasked with the responsibility of protecting the welfare and wellbeing of all Nigerians with Disabilities stands firmly against any form of discrimination against Persons with Disabilities and urges all Individuals and public Organizations to uphold all values of equality and inclusion enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended), which guarantees equal civil rights for all Nigerians regardless of disability, ethnicity, or any other factor.
In light of the unfortunate and terrible acts of discrimination meted on a member of the disability community on 27th March 2024 at a public establishment, which the Commission unequivocally condemns, We hereby wish to inform the establishment in question all public establishments that Acts of Discrimination against persons with Disabilities are punishable under the law. Nigeria has taken a firm stance on matters affecting persons with disabilities through the enactment of legal frameworks to safeguard their rights. We therefore stand ready to support our community members to exhaust all legal options available to guarantee their rights.
Furthermore, the Discrimination Against Persons with Disability (Prohibition) Act of 2018 provides for the full integration of persons with disabilities into the Society.
● Section one (1), sub section 1 of this said act clearly states that A person with disability shall not be discriminated against on the ground of his disability by any person or institution in any manner or circumstance.
● Sub section 2 states that a person who contravenes subsection (1), commits an offence and liable on conviction to, if the person is— (a) a body corporate, a fine of N1,000,000; and an individual, a fine of N100,000 or six months imprisonment or both.
● Sub section 3 further states that;
“Notwithstanding the prosecution, conviction or otherwise of any person for any offence under this Act, the person against whom the crime or wrong is committed may maintain a civil action against the person committing the offence or causing the injury, without prejudice to any conviction or acquittal.
The Discrimination Against Persons with Disability (Prohibition) Act of 2018 not only prohibits discrimination but also mandates accessibility of public spaces and services for persons with disabilities.
Section 3, and 4 of the Disability Act speaks on persons with disabilities having the right to access the physical environment and buildings on an equal basis with others and that public buildings and structures shall be constructed with the necessary accessibility aids such as lifts (where necessary), ramps and any other facility that shall make them accessible to and usable by persons with disabilities
5-years transition period was provided from January 2018 to January 2024 to allow sufficient time for compliance. Thus, provisions of the Act on non compliance to accessibility became enforceable on January 17th 2024 without any exceptions. It is important to note that section 8 subsection 1 of the Act further provides for the right to seek redress in court and applies penalties for non compliance.
Discrimination against any Nigerian with Disability is not only illegal but also undermines the very fabric of our society. We, at the National Commission for Persons with Disabilities call upon all Nigerians and all institutions, public and private, to strictly adhere to the provisions of the Nigeria Discrimination Against Persons with Disability (Prohibition) Act to ensure a truly inclusive society.
The NCPWD is committed to promoting a society free from discrimination in line with President Bola Ahmed Tinubu’ commitment to inclusion, representation and participation of persons with disabilities in all aspects of development. We stand ready to support all persons with disabilities and continue to advocate for the rights of all Nigerians with disabilities.
For more information about the Rights of Persons with Disabilities and the NCPWD visit our website on www.ncpwd.gov.ng. Additionally you can report acts of discrimination to the nearest Nigerian Civil Defense Corps office .
To report directly to the Commission , you can reach us via email on info@ncpwd.gov.ng or phone us on 07000062793
Signed:
Mbanefo John I. – Head, Media, National Commission for Persons with Disabilities