Daniel Otera
The Federal Government and National Assembly are facing renewed pressure to implement the 5% employment and political inclusion quota for persons with disabilities (PWDs), a legal provision largely ignored seven years after it became law.
Speaking with The Journal Nigeria on Wednesday, Comrade Ibrahim Alhasan, National Youth Leader of the Joint National Association of Persons with Disabilities (JONAPWD), said:
“Implement the 5% quota for persons with disabilities now. This is not a request, it is the law. Yet across federal and state institutions, implementation is near zero. We cannot continue to be invisible in our own country.”
The Discrimination Against Persons with Disabilities (Prohibition) Act was enacted in 2018 under former President Muhammadu Buhari. It is Nigeria’s primary legal framework for protecting the rights of persons with disabilities.
Section 29 of the Act mandates that at least five percent of all public sector jobs be reserved for persons with disabilities. The law applies to ministries, agencies, and parastatals at all levels. It also provides for equal access to education, healthcare, transport, public infrastructure, and political participation. Public institutions were given a five-year deadline which expired in January 2024 to make their services and buildings fully accessible.
Yet implementation remains patchy.
A 2022 report by the National Commission for Persons with Disabilities (NCPWD) revealed that less than one percent of civil service jobs across federal ministries are occupied by persons with disabilities. A 2023 audit by the Inclusive Friends Association (IFA) reviewed 16 federal ministries and found that only two had made any documented effort to comply with the quota. None met the legal threshold.
At state level, enforcement is even weaker. In Benue, Nasarawa, and Kogi, disability rights groups have filed formal petitions to enforce the quota, but there is no evidence of compliance in public recruitment or appointments.
According to data from the National Bureau of Statistics and NCPWD, between 25 and 35 million Nigerians live with disabilities. Yet they remain largely excluded from public service, governance, budgeting, and policymaking.
JONAPWD’s youth wing says this moment is critical. With the National Assembly currently reviewing sections of the 1999 Constitution, the group is demanding stronger constitutional backing to guarantee enforcement.
“We want the quota entrenched in the Constitution, not just an Act,” said Alhasan.
“We also demand permanent representation for PWDs in legislative bodies at federal, state, and local levels. Enough of tokenism. We must have a seat at the table.”
The group is also pushing for JONAPWD to be formally included in the constitutional review process.
“We cannot be sidelined from decisions that shape our future. The law was passed, but without our voice in implementation, nothing changes,” Alhasan added.
Disability rights advocates say the challenge is not legal ambiguity, but a lack of political will.
Dr Irene Ojiugo Patrick-Ogbogu, Executive Director of the Disability Rights Advocacy Centre (DRAC), said:
“The law is clear. What’s missing is accountability. Ministries do not feel compelled to comply because no one is punished for exclusion.”
She also criticised the underfunding of the NCPWD, arguing that current allocations are insufficient for effective enforcement.
“Most state governments behave as if the Disability Act doesn’t apply to them. Yet persons with disabilities live in every state, and they are being excluded from the workforce, governance, and basic services,” she said.
Her comments reflect a broader concern that without clear enforcement mechanisms, the 5% quota risks becoming a symbolic gesture rather than a legal mandate.
Beyond jobs, persons with disabilities face structural exclusion in education, public access, and elections.
According to analyses of the 2018 Nigeria Demographic and Health Survey (NDHS), children with disabilities are twice as likely to be out of school compared to other children.
The Act’s five-year compliance window for accessible public buildings and infrastructure expired in January 2024, but most facilities remain inaccessible.
During the 2023 general elections, IFA reported that: over 60% of polling units lacked braille ballot guides; 76% had no magnifying glasses for voters with albinism or low vision; thousands of locations were inaccessible to wheelchair users due to the absence of ramps or tactile paths
Despite legal provisions, these barriers continue to limit full participation in public life for millions of Nigerians living with disabilities.
Disability advocates say this moment must not be wasted. With the Tinubu administration promising a “renewed hope” agenda and constitutional reform on the table, the demand is clear: inclusion must be measurable, enforceable, and permanent.
“Exclusion is no longer acceptable. The time for political promises is over,” said Alhasan.
“We call on the media, civil society, and all advocates of justice to amplify this message until inclusion becomes reality.”
JONAPWD says it will begin publishing scorecards rating ministries and state governments on their compliance with the 5% quota.
The group also plans to file public interest lawsuits against institutions that fail to comply.
For millions of Nigerians with disabilities, this is not just a campaign, it is a demand for dignity, access, and equality, anchored not in sentiment but in the law.