by Chris Agbo
On Friday, 17th January, 2020 in Abuja, Association of Lawyers with Disabilities (ALDIN) paid an advocacy visit to the President of National Industrial Court of Nigeria, Hon. Justice B.B. Kanyip.
The President of ALDIN, Barr. Daniel Onwe speaking on behalf of the Association expressed profound gratitude to the President and judges of the National Industrial Court of Nigeria for granting them the privilege of the meeting. He congratulated Hon. Justice Kanyip for his appointment as the President of National Industrial Court of Nigeria saying that it is well-deserved. He prayed that God will strengthen him as he discharges his duties as the President of National Industrial Court of Nigeria.
Speaking further, he introduced this association as I quote “ALDIN is the umbrella association of Nigerian lawyers, both at home and in Diaspora, who have one type of disability or other. Our objective is to champion the cause of persons with disabilities generally, and in particular, lawyers with disabilities, in the practice of their profession.
Daniel Onwe explained that the existence of the organization is necessitated by the fact that persons with disabilities are usually not put into consideration in the scheme of affairs in the society hence their interest usually come as an afterthought. For instance, public buildings are usually constructed with steep flight of steps, without considering that there are people on wheelchairs and crutches, those there are blind, deaf and other persons with other disabilities who would requires peculiar format of communication. Therefore, persons with disabilities are abandoned to their fate.
Our courts of justice are not fair to persons with disabilities. Court building and environment are very inaccessible to persons with disabilities. Persons with disabilities who come to the courts, either as counsel or litigant are face with untold hardship, and this could be very demoralizing. Persons on wheelchairs, for instance, can only access most courts by they either crawling on the floor or being carried like babies into the courtroom. There are several blind persons who have defied all odds to become lawyers, but the courts seem to close its doors to them as the basic assistive facilities to cater for their peculiarities are conspicuously absent. We have deaf persons who have taken their destinies in their hand to go to school and trained to become a lawyer. And then they face a brick wall in the profession, as there are no sign language interpreters provided to communicate with them in the courts. These practices are unfair, unjust and unequitable for lawyers with disabilities.
He put it at the door of the National Industrial Court because the Court has peculiar jurisdiction to promote equity, fairness and international best practices. It would be equitable, fair and just to create a level playing field for persons with disabilities in the buildings, environment, practice and procedures of the National Industrial Court. Creating level playing field for persons with disabilities has now become a global trend. And Nigeria cannot afford to be an exception. National Industrial Court has so much role to play in upholding the rights of persons with disabilities in Nigeria. It is the court constitutionally vested with exclusive jurisdiction in matters related to labour, employment, unfair labour practices, international best practices in labour, and disputes arising from discrimination.
He submitted that National Industrial Court in the exercise of this special jurisdiction, should always be mindful of the undeniable fact that persons with disabilities are always victims of covert and overt discrimination in the labour market; the labour environment and practice are most unfair to persons with disabilities. For instance, how can we explain the case of persons with disabilities, who scales through all recruitment interviews and test and possess the essential competences for the job in question, only to be denied employment just for the reason that they are persons with disabilities? What do we call the situation whereby a lawyer on wheelchair is faced with practicing in courts with sharp flights of steps, but without suitable elevators or ramps? How can a lawyer with disability be crawling in and out court and still fairly compete with other lawyers for patronage?
He went on to repose confidences on National Industrial Court, telling the President that persons with disabilities are expectantly looking up to the National Industrial Court for justice. This visit is to draw the attention of the National Industrial Court to see the need for them to rise up to the occasion to address the plights of lawyers, and other persons with disabilities in the justice administration system in Nigeria. The truth is that lawyers with disabilities are endangered species in the legal profession in Nigeria, and in a dire need of urgent intervention.
He informed that this campaign ALDIN is running for accessibility of the justice administration to persons with disabilities is being supported by the Disability Rights Fund (DRF), an organization with headquarters in Boston, USA. Also, he added that an American organization, DRF pushing for accessibility of the Nigerian justice system to persons with disabilities, should indeed challenge Nigerian institutions.
The group made some specific recommendations that will be helpful for the National Industrial Court in making provisions for persons with disabilities:
- Accessibility of Buildings/Environment: Elevators and ramps should be installed at National Industrial Court buildings and environment across the country, to make them accessible to persons with disabilities. This would enable persons with disabilities, whether, lawyers, litigants or witness, to freely and conveniently attend court.
- Parking Lots: There should be parking lots, near the court, reserved and marked for the use of persons with disabilities at all divisions of the National Industrial Courts in Nigeria. This will minimize instances where persons with disabilities would have to walk quite a long distance from their vehicles to the courtroom.
- Appointment of Lawyers with Disabilities as Judges: There are many lawyers with disabilities, who are academically, intellectual and otherwise qualified to be judges. We are therefore, strongly making a case for the appoint of lawyers with disabilities to the bench of the National Industrial Court. This will send a strong message that the National Industrial Court is a Court poised to do justice and equity to all, irrespective of circumstance. This will also be a huge source of inspiration to other persons with disabilities and other disadvantaged persons. We can assure My Lord that persons with disabilities will give a good account of themselves on the bench.
- Employment as Judicial Staff: If there are many persons with disabilities who are qualified to be judges, then it goes without saying that there are much more of them qualified to be employed as judicial staff. We therefore urge my Lord to consider the employment of more persons with the disabilities. This will portray the Court as being non-discriminatory.
5. Practice Direction: It is imperative for your Lordship to issue a practice direction for the National Industrial Court to cater for the peculiarities of counsel and litigants with disabilities. For guidance on this, have attached a draft of our proposed Practice Direction for My Lords consideration.
It is germane to point out that the above recommendations are supported by the Discrimination against Persons with Disabilities (Prohibition) Act, 2018. The said Act, which brings some innovation to the Nigerian labour jurisprudence have, inter alia, the follow provisions:
1(1) 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.
4 A public building shall be constructed with the necessary accessibility aid
Such as lifts (where necessary), ramps and other facilities that shall make them accessible to and usable by persons with disabilities.
29 All employers of labour in public organizations shall, as much as possible, have persons with disabilities constituting at least 5% of their employment.
His lordship Hon. justice B.B. Kanyip in his response expressed happiness hearing from the group and commended the group for their good job for articulate all the recommendations (which were all in line with recently signed disability right Act). He assured them that to the extent that it lies on them and subject to the availability of funds, he will grant ALDIN’ requests almost immediately. On the reservation of parking lots, he assured that it be implemented both at the headquarters and all the judicial divisions. On appointment of lawyers with disabilities as judges, he said that the starting point is for lawyers with disabilities to make themselves available by applying when there is recruitment. He said the proposed Practice Direction, will be considered for adoption. Furthermore, he advised ALDIN to review the current National Industrial Court Rules and proposed areas of possible amendment to accommodate peculiarities of disability. He also requested from ALDIN details of a sign language interpreter for engagement by the National Industrial Court as the need arise.
ALDIN will in the coming weeks be engaging other Courts Heads in Nigeria. This part of the project ALDIN started running last year, with the support of the Disability Rights Fund. And the project is targeted at making the justice administration system accessible to persons with disabilities.
