Prior to the assent of the President to the Discrimination against Persons with Disability (Prohibition) Bill, there was no statute which comprehensively provided for the protection of the rights of persons living with disabilities in Nigeria.
The right to freedom from discrimination is not only recognized in the international community as a human right, it is also enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended) (the Constitution). By virtue of the provisions of the Constitution, a citizen has the right to freedom from discrimination.
Consequently, discrimination based on the ground of ethnicity, place of origin, sex, religion and political opinion is prohibited. Whilst this is a constitutionally enshrined protection, it is limited in scope as it applies only to Nigerian citizens and does not cover several incidents which restrict the access to certain privileges, opportunities and services but which ought to be protected. The passage of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, (the Disabilities Act or the Act) on the 23rd January 2019, is thus a welcome and applauded development.
