By Kolawole Ogunbiyi
THE inclusion of Persons with Disabilities (PWDs) is not merely a policy choice; it is a human rights imperative and a cornerstone of sustainable development. Creating space for change requires dismantling systemic barriers that exclude PWDs from full participation in governance, economic life, social welfare, and political processes. Such inclusion must be firmly grounded in national, regional, and international legal frameworks that uphold dignity, equality, and equal opportunity for all.
Nigeria’s Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, was signed into law on January 23, 2019, following years of sustained advocacy by disability rights groups and civil society organisations. Commonly referred to as the Disability Act, it is the primary legal instrument aimed at eliminating discrimination and advancing inclusion. The Act prohibits discrimination in access to public institutions, services, employment, education, and transportation; mandates accessibility adaptations in public spaces; provides for affirmative action measures, including a minimum 5% employment quota for PWDs in public service; and addresses healthcare, education, social welfare protections, and political participation for PWDs.
The Act also established the National Commission for Persons with Disabilities (NCPWD) with a mandate to coordinate the implementation of disability-inclusive policies and programmes across government, as well as to collect and manage disability-related data for planning and service delivery. This legal and institutional framework represents a significant milestone, positioning Nigeria among the leading African countries with a comprehensive and formalised disability rights legislation.
Despite these progressive provisions, enforcement has remained inconsistent. Only a small proportion of public institutions and political party structures are physically or digitally accessible, while representation of PWDs in political decision-making remains notably low, even on issues that affect them. At the subnational level, some states have domesticated the Act by passing corresponding disability laws, often with contextual amendments—gazetting them, and establishing state disability commissions, which are critical for local enforcement. Recent assessments indicate that approximately 17 states have made substantial legislative progress, while others remain at varying stages of domestication.
Notwithstanding the existence of a legislative framework and institutional structures, implementation has largely been weak. Many federal Ministries, Departments, and Agencies (MDAs), as well as state institutions, have failed to implement key provisions of the Act—particularly those relating to public building accessibility, inclusive employment quotas, and disability-friendly service delivery even after the expiration of the statutory five-year moratorium grace period.
Enforcement mechanisms have also proven ineffective. There have been no notable sanctions against non-compliant institutions, and public infrastructure remains largely inaccessible. Civil society analyses frequently describe the law as “toothless” in practice. Both government officials and disability advocates acknowledge that political will and prioritisation remain insufficient, with disability inclusion often sidelined in favour of competing budgetary and policy priorities.
Furthermore, the NCPWD and other monitoring bodies are widely perceived as underfunded and under-resourced, limiting their capacity for nationwide enforcement, data collection, and technical support. The persistent lack of reliable and disaggregated disability data continues to undermine evidence-based planning and effective monitoring across sectors.
Accessibility features such as ramps, tactile signage, and assistive technologies remain largely absent in public spaces.
Available surveys indicate very low compliance rates several years into the law’s lifecycle. State-level domestication and operationalisation also vary widely, with many states yet to enact enabling laws, gazette them, or establish functional enforcement commissions. Deep-rooted societal stigma, negative attitudes toward disability, and low public awareness further constrain effective enforcement and cultural inclusion.
Overall, the seven-year trajectory shows that Nigeria now has a comprehensive disability rights law and a federal commission with a clear mandate to coordinate and enforce its provisions. Implementation frameworks and collaborative initiatives are gradually emerging. However, persistent non-compliance by MDAs, inadequate funding, weak political will, and limited technical capacity remain significant bottlenecks. Consequently, accessibility and inclusion remain more aspirational than fully realised on the ground.
The Disability Act is undeniably a significant policy achievement that lays a strong foundation for disability inclusion. Yet, implementation continues to lag far behind the law’s intent, resulting in limited tangible improvements in the daily lives of many persons with disabilities. The Act may not reach its full potential without strategic litigation and judicial activism to test, interpret, and enforce its provisions.
Inclusion of PWDs is central to sustainable development and democratic governance. While national, regional, and international legal frameworks provide a clear roadmap, meaningful transformation will require sustained political will, faithful implementation, and genuine engagement with PWDs as equal partners in shaping society. The space for change exists—now is the time to ensure that no one is left behind as Nigeria marks the 7th year anniversary of the presidential assent of the National Disability Act today.
© Kolawole Ogunbiyi,
ogunbiyikolawole@gmail.com