Nigeria – Discrimination Against Persons With Disabilities (Prohibition) Act

1. Prohibition of discrimination and penalty

2. Awareness programmes

3. Right of access to public premises

4. Accessibility aids in public buildings

5. Accessibility to roads, side-walk and special facilities

6. Transitory Period

7. Building Plan

8. Complaint of inaccessibility

9. Goods, services and facilities

10. Accessibility of vehicles

11. Provision of facilities to persons with disabilities

12. Reserved spaces.

PART IV SEAPORTS, RAILWAYS AND AIRPORT FACILITIES

13. Seaports and railways

14. Assistive service and airline

15. Special safety briefing of persons with disabilities

16. Prohibition of use of persons with disabilities in soliciting for alms and penalty

17. Rights to free education

18. Inclusiveness of education

19. Subsidised education for special education personnel

20. Appropriate mode of education for persons with disabilities

21. Free healthcare

22. Certificate of disability

23. Unlawful procurement of certificate of disability

24. Provision of special communication at hospitals

25. Situation of risk and humanitarian emergencies

26. Service at queues

27. Accommodation

28. Equal right to work

29. Opportunity for employment

30. Participation in politics

31. Establishment of National Commission for Persons with Disabilities

32. Establishment of membership of the Governing Council.

33. Proceeding of the Council

34. Tenure of office

35. Cessation of office

36. Allowances of members

37. Powers of the Council

38. Functions of the Commission

39. Powers of the Commission

40. Appointment and duties of the Executive Secretary of the Commission

41. Staff of the Commission and their remuneration

42. Appointment and secondment from public service

43. The structure of the Commission

44. Pension and gratuity

45. Funds of the Commission

46. Power to accept gifts

47. Power to borrow

48. Annual estimate and expenditure

49. Audit

50. Annual report

51. Power to acquire land.

52. Service of documents

53. Payment of judgment debt

54. Indemnity of officers

55. Waives of proof of special damages

56. Regulations

57. Interpretation

58. Citation

Schedules

(1) A person with disability shall not be discriminated against on the gound of his disability by any person or institution in any manner or circumstance.

(2) A person who contravenes subsection (1), commits an offence and is liable on conviction to, if the person is

(3) Notwithstanding the prosecution, conviction o 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 Federal Ministry of Information shall make provisions for promotion of awareness regarding the

A person with disability has the right to access the physical environment and buildings on an equal basis with others.

A public building shall be constructed with the necessary accessibility aids such as life (where necessary), ramps end any other facility that shall make them accessible to and usable by persons with disabilities.

Road side-walks, pedestrian crossings and all other special facilities as set out in the First Schedule made for public use shall be made accessible to and usable by person with disabilities including those on wheelchair and visually impaired.

From the date of the commencement of this Act, there shall be a transitory period of five years within which all public buildings and structures, whether immovable, movable or automobile, which were inaccessible to persons with disabilities shall be modified to be accessible to and usable by persons with disabilities including on wheelchairs.

(1) Before erecting any public structure, its plan shall be scrutinized by the relevant authority to ensure that the plan conforms with the building code.

(2) A government or government agency, body or individual responsible fo the approval of building plans shall not approve the plan of a public building if the plan does not make provision for accessibility facilities in line with the building code.

(3) An officer who approves or directs the approval of a building plan that contravenes the building code, commits an offence and is liable on conviction to a fine at least N1,000,000 or a term of imprisonment of two years or both.

(1) Subject to section 7, in the event of the existence of a state of inaccessibility or barrier to access of a person with disability to an environment that he has a right o duty to access, he may, without prejudice to his right to seek redress in court, notify the relevant authority in charge of the environment of the existence of the state of inaccessibility or barrier to accessibility of the environment, and the relevant authority in charge shall take immediate and necessary steps to remove the barrier and make the environment accessible to the person with disability.

(2) A relevant authority in charge that receives the notice in subsection (1) but fails to comply, commits an offence and is liable on conviction, if it is

(1) A person, who whether for payment or not, provides goods or services, or makes facilities available, shall not discriminate against another person with disability by –

(1) Government transport services providers shall make provisions for lifts, ramps and other accessible aids to enhance the accessibility of their vehicles, parks and bus stop to persons with disabilities including those on wheel-chairs.

(2) Every public vehicle shall have functional available and visual display of their destination within five years from the commencement of this Act.

(1) Transport service providers shall make provisions for lifts, ramps and other accessible aids to enhance the accessibility of their vehicles, parks and bus stops to persons with disabilities including those on wheelchairs.

(2) Lifts, ramps and all other accessibility equipment in or for vehicles, and at parks or bus stops shall be maintained in operational condition.

(3) There shall be regular and frequent maintenance of all accessibility aids and equipment, and defective ones shall be promptly repaired or replaced.

(4) Before a person with disability boards or alights from a vehicle, the driver shall ensure that the vehicle comes to a stop.

(5) When a person with disability intends to board a vehicle, all other intending passengers shall wait for him to boar before them.

(1) At public lots, suitable spaces be properly marked and reserved for persons with disabilities.

(2) For a person with disability to be entitled to the use of the space in subsection (1), his car shall have been properly identified with the necessary insights.

(3) A person, organisation or corporate body in control of a public lot which fails to provide for the reserved spaces in subsection (1), commits an offence and is liable on conviction to a fine of N1,000 for each  day of default.

(4) A person without disability who parks a vehicle in the reserved space in subsection (1), commits an offence and is liable on conviction to a fine  of N5,000.

(5) A person who intentionally obstructs the reserved space in subsection (1) commits an offence and is liable on conviction to a fine of N5,000.

(6) Subsection (4) does not apply if a person with disability is a passenger in the vehicle.

(1) Seaports facilities and vessels shall be made accessible to persons with disabilities.

(2) Railway stations, trains and facilities in the trains shall be made accessible to persons with disabilities.

(3) The transitory provision contained in the section 6 shall apply to the provisions of this section.

(1) All airlines operating in Nigeria shall _

(2) All airports shall make available for the conveyance of persons with disabilities who need presentable and functional assistive and protective devices to and from the aircraft.

Any general information shall be translated into the accessible format appropriate to the person with disability present.

(1) A person shall not

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of N100,000 or a term of six months imprisonment or both.

(1) A person with disability shall have an unfettered right to education without discrimination or segregation in any form.

(2) A person with disability is entitled to free education to secondary level.

(3) The Commission shall provide educational assistive devices.

(1) All public schools, whether primary, secondary or tertiary shall be run to be inclusive of and accessible to persons with disabilities, accordingly every school shall have

(2) Braille, sign language and other skills for communicating with persons with disabilities shall form part of the curricula of primary, secondary and tertiary institutions.

The education of special education shall be highly subsidised.

Government shall ensure that the education of persons with disabilities, particularly children who are blind, deaf or with multiple disabilities, is delivered in the most appropriate language, mode and means of communication for the individual, and in environments which maximize academic and social development.

(1) Government shall guarantee that persons with disabilities have unfettered access to adequate health care without discrimination on the basis of disability.

(2) A person with mental disability shall be entitled to free medical and health service in all public institutions.

(1) A person with mental disability shall obtain a Permanent Certificate of Disability from the Commission.

(2) If a doctor suspects disability in the course of treatment of a person who before was not a person with disability, the doctor may with the approval of the Commission, issue a Temporary Certificate of Disability which shall last for not longer than 180 day.

(3) If the state of disability persists beyond 180 days, the Commission on the recommendation of a doctor, shall issue the person a Permanent Certificate of Disability which shall last for as long as the state of the disability persists.

(4) A person issued with a Permanent Certificate of Disability is entitled to all rights and privilege under this Act.

A person who unlawfully issues or obtains a Certificate of Disability, commits an offence and is liable on conviction to a fine of N200,000 or imprisonment for a term of one year o both.

A public hospital where a person with communication disabilities in medically attended to shall make provision for special communication.

In all situations of risk, violence, emergencies and the concurrences of natural disasters, the Government shall take all necessary steps to ensure the safety and protection of persons with disabilities taking a cognizance of their peculiar vulnerability.

(1) In queues, persons with disabilities shall be given first consideration and, as much as  possible, be attended to outside the queue.

(2) A person who contravenes this section commits an offence and is liable on conviction to a fine of N50,000.00 or term of six months imprisonment or both.

If accommodation is being provided by schools for their students, employers for their employees, service providers for their customers, organizations for their members, government for the people and in any other circumstance whatsoever, persons with disabilities shall be given first consideration.

(1) A person with disability has the right to work on an equal basis with others and this includes the right to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open.

(2) A person who contravenes subsection (1), commits an offence and is liable on conviction to nominal damages of a minimum of N250,000 payable to the affected person with disability.

(3) Where a company contravenes subsection (1)

All employer of labour in public organizations shall, as much as possible, have persons with disabilities constituting at least 5% of their employment.

(1) Persons with disabilities shall be encouraged to fully participate in politics and public lif.

(2) Government shall actively promote an environment in which persons with disabilities can effectively and fully participate in

(1) There is established the National Commission for Persons with Disabilities (in this Act referred to as the Commission) to be placed under the Presidency.

(2) The Commission

(1) There is established a Governing Council for the Commission (in this referred to as the the Council) which shall conduct the affairs of the Commission.

(2) The Council shall consist of

(3) The Chairman of the Council and representative each from the 6 geo-political zones, shall be appointed by the President to the confirmation of the Senate.

The supplementary provisions set out in the Second Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters contained in the Schedule.

Tenure of office

(a) for a term of four years and may be re-appointed for a further term of four years and no more; and

(b) on such terms and conditions as may be specified in their letters of appointment.

(1) A person ceases to hold office as a member of the Council if he

(2) If a member of the Council ceases to hold office for any reason before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Council for the unexpired term.

(3) A member of the Council shall be removed by the President on the recommendation of the Council if he is satisfied that is not in the interest of the Commission or the public that the member continues in that office.

Members of the Council shall be paid allowances and expenses as the Government may direct.

The Council shall power to

The Commission shall

(1) The Commission shall have power to do any lawful thing, which facilitate carrying out of its functions and in particular may

(2) The power conferred on the Commission may be exercised by it or through any of its employees or agent authorised in that behalf by the Commission.

(3) The Commission shall not be subject to a direction, control or suspension by any other authority or person in the performance of its functions under this Act except the President.

(1) There shall be an Executive Secretary for the Commission who shall

The Council shall appoint for the Commission such number of employees as may, in the opinion of the Council, be expedient and necessary for the proper and efficient performance of the functions of the Commission.

(1) The Council may appoint for the Commission, either directly or by secondment from any Public Service of the Federation, such number of employees as may, in the opinion of the Council, be required to assist the Commission in the performance of any of its functions under this Act.

(2) The person seconded under this section, may elect to be transferred to the service of the Commission, and any previous service the person any have rendered in the Public Service shall count as service to the Commission for the purpose of any pension subsequently payable by the Commission.

There shall be established, in the head office of the Commission, such departments as may be deemed necessary for the effective and efficient functioning of the Commission.

The staff of the Commission are entitled to pension, gratuity, and any other retirement benefit in accordance with the Pension Reform Act. Act No. 4, 2014

(1) The Commission shall establish and maintain a fund into which shall be paid and credited

(2) The Commission shall defray all expenditures incurred by it including

(3) The Council shall cause the amount of the Commission to be audited, quarterly and shall be externally audited once every year.

(1) The Commission may accept gift of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift, provided such terms and conditions are not inconsistent with any prevailing law.

(2) The Commission shall not accept any gift the conditions attached are inconsistent with the functions of the Commission under this Act.

The Commission may borrow such money as it may require to execute or complete some special projects of the Commission.

(1) The Commission shall

(2) The Commission shall ensure that adequate control is maintained over the assets of, or in the custody of, the Commission and over its incurring of liabilities.

(1) The Auditor-General for the Federation shall

(2) The Auditor-General for the Federation may dispense with all or any part of detailed inspection and audit of an account or record referred to in subsection (1).

(3) The auditor or an officer authorised by him is entitled at all reasonable time to a full and free access to all account records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of money by the Commission or to the requisition received, custody or disposal of assets by the Commission.

The Commission shall submit

The Commission may, subject to the Land Use Act, acquire any land for the purpose of performing its functions. Cap. L5, LFN 2004.

A notice, summons or other documents required or authorised to be served upon the Commission under the provisions of this Act, any other law or enactment may be served by delivering it to the Executive Secretary o by sending it by registered post and addressing it to the Executive Secretary at the head office of the Commission.

Any such money which may be the judgment of any court awarded against the Commission shall be paid from the Fund of the Commission.

A member of the Council, the Executive Secretary, any officer or employee of the Commission shall be indemnified against any proceeding, whether civil or criminal, in which judgment is given in his favour or in which is acquitted, if any such proceeding is brought against him in his capacity as a member of the Council, the Executive Secretary, officer or the employee of the Commission.

(1) To be entitled to the damages specifically provided in this Act, it shall be sufficient for a plaintiff or claimant, as the case may be, in a court proceeding to prove the violation of the relevant section of this Act without specific proof of damages.

(2) Nothing in this Act shall prevent a court from accessing and awarding general and special damages in addition  to the normal damages provided for in this Act.

The Council may make regulations for the purpose of carrying out or giving full effect to the provisions of this Act.

(a) a person who has received temporary or Permanent Certificate of Disability to have condition which is expected to continue permanently or for a considerable length of time which can reasonably be expected to limit the persons functional ability substantially, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, rising, and includes any related function or any limitation due to weakness or significantly decreased endurance so that he cannot perform his everyday routine, living and working without significantly increased hardship and vulnerability to everyday obstacles and hazards; and

(b) a person with long term physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder their full and effective participation in society on equal basis with others;

(a) The nature and cost of the accommodation needed to take care of a disabled persons special needs

(b) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation and the number of persons employed at such facility;

(c) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation at such facility;

(d) the overall finances of the person or organistion having to deal with person with disability, with the overall size if his or its business with respect to the number of its employees, the number, type, and location of its facilities; and

(e) the type of operation or operations of such person or organisation, including the composition, structure and fraction of his or its workforce, the geographic, separateness, administrative, o fiscal relationship- of the facility or facilities in question to such person or organisation.

This Act may be cited as the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018.

1. Wheel chairs, clear floors or ground space on wheel chairs, wheel chair passage and turning space

2. Crutches, guide canes etc

3. Hearing Aid

4. Curb ramps

5. Ramps

6. Handrails, grab bars

7. Stain-shopping stairs

8. Elevator or lifts

9. Windows

10. Entrance doors

11. Drinking fountains and water coolers

12. Toilet facilities

13. Door protective and re-opening devices manoeuvring entrances at doors

14. Parking spaces and passenger loading zones

15. Accessible routes including walk ways, windows, aisles and spaces

16. Alarm

1. (1) Subject to this Act and section 27 of the Interpretation Act, the Council may make standing orders regulating its proceedings or those of any of its Committees.

(2) The quorum of the Council shall be the Chairman or the person presiding at the meeting and five other members of the Council, one of whom shall be an ex-officio member, and the quorum of any committee of the Council shall be determined by the Council.

2. (1) The Council shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by at least eight other members, he shall summon a meeting of the council to be held within 14 days from the date on which the notice was given.

(2) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him to the Council for such period as it deems fit but a person who is in attendance by virtue of this paragraph is not entitled to vote at any meeting of the Council and shall not count towards a quorum.

3. (1) The Council may set up one or more committees to perform, on behalf of the Council, such functions as the Council may determine.

(2) A committee set up under paragraph (1) shall consider such number of persons as may be determined by the Council and a person shall hold office in the Committee in accordance with the terms of his appointment.

(3) A decision of a committee of the Council is of no effect until it is confirmed by the Council.

4. (1) The affixing of the seal of the Commission shall be authenticated by the signatures of the Chairman, Executive Secretary or any other member of the Council generally o specifically authorised by the Council to act for that purpose.

(2) A contract or instrument, which if made or executed by any person not being a body corporate would not be required to be under seal, may be executed on behalf of the Commission by the Executive Secretary or any person generally authorised by the Council to act for that purpose.

(3) A document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.

5. The validity of any proceeding of the Council or Commission shall not be adversely affected by a

Notice has been taken of the fact that your Programme is not inclusive of Disabilities Issues

In particular:

This contravenes section 38 of Discrimination against Persons with Disabilities (Prohibition) Act, you are hereby ordered to immediately comply with the Act.

Take note that if, after three months from receipt of this order, you still remain in default, you operational licence shall be withdrawn.

Signed

This is to certify that ………………. of ……………… was examined by me ……………. on this day of …………………. and found to be permanently incapacitated.

Signed

This is to certify that ………………… of …………………… Was examined by me …………………. On this day of …………………….. and found to be temporarily incapacited

Signed