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Aren’t they also Nigerians? Maikyau, SAN makes case for the physically challenged

By Lillian Okenwa

A physically challenged man living in Lagos, Nigeria was once quoted to have said: “Institutions are manned by individuals and individual attitudes shape the environment and institutions. So, when the attitudes of a community are negative towards a particular, vulnerable group, they will struggle much more to realize their potential.” This statement captures the attitude of the Nigerian society and the plight of persons living with disabilities in the country.

On Sep 6, 2016, Team Nigeria arrived Rio, Brazil, for Paralympics 2016. Two weeks later, they touched down at Nnamdi Azikiwe International, Airport, in Nigeria’s capital city of Abuja to a cheering crowd of dancers and spectators who thronged welcome the champions. The team had won 12 medals including eight gold. So far, it remains the best result in Team Nigeria’s Olympic and Paralympic history. Sadly, this same team now living in penury have been forgotten. Sadly, persons living with disabilities in Nigeria are only recognised when they win laurels for the country. Even so, in a matter of time they are forgotten.

Ezuruike Roland (Power-lifting Men’s -54 kg Gold Medal winner) set three Paralympic Records (PR) in Rio as he ended with a lift of 200 kg.

Kehinde Paul (Power-lifting Men’s – 65 kg Gold Medal Winner) twice broke the men’s -65kg World Record (WR) to win Gold in the Power-lifting event.

Ejike Lucy (Power-lifting Women’s -61 kg Gold Medal winner) shattered the Paralympic and World Record three successive times, winning gold in the women’s -61kg event in Power-lifting.

Onye Lauritta (Athletics Women’s Shot Put – F40 Gold Medal winner) handed Team Nigeria its first medal in the athlete’s event, clinching gold in the women’s shot put F40.

Nwosu Ndidi (Power-lifting Women’s -73 kg Gold Medal winner) beat the defending champion to win women’s -73kg Power lifting event.

Omolayo Bose (Powerlifting Women’s -79 kg Gold Medal winner) shattered her own World Record (WR) and set a new one of 138kg to win Nigeria’s sixth Gold medal in Rio.

Ugwunwa Flora (Athletics Women’s Javelin Throw – F53/54) put up a splendid display as she erased Tunisian Hania Aidi’s World Record (WR) of 18.86m set at the IPC World Championships in Doha the previous year. She furthered the mark by almost 2 metres.

Tijani Latifat (Power-lifting Women’s -45 kg silver medal winner) won Team Nigeria’s first medal at the 2016 Paralympic Games, clinching Silver in the women’s -45 kg Power-lifting event.

Oyema Esther (Power-lifting Women’s -55 kg Silver medal winner) gave Nigeria her third medal of the 2016 Paralympic Games; winning silver in the women’s -55 kg event.

Innocent Nnamdi (Power-lifting Men’s -72 kg Bronze medal winner), with a lift of 210 kg muscled his way to the podium as he settled for bronze.

Iyiazi Eucharia (Athletics Women’s Discus Throw – F56/57 Bronze medal winner) won Nigeria’s final medal in Rio.

Y. C. Maikyau, SAN

Meanwhile, the squad of 77 athletes fielded by Nigeria Olympics Committee to compete in 10 sports at the 2016 Olympics brought home only one bronze. And they have no disabilities.

Although the accomplishments of these highly side-lined members of the society have been largely ignored, National Director, Promoting Disability Inclusion through Sports, Naomi Ejobe joined the voices being raised on their behalf. Ejobe in an interview remarked that while the ground-breaking achievements of athletes with intellectual disabilities have not received considerable media coverage nor nationwide celebration, their achievements are recognised and respected in sports circles across Africa and the world.

“Our Unified football team was awarded the Best Team of the 2018 Unified Cup Tournament in celebration of the 50th Anniversary of the Special Olympics in Chicago. Also, at the 2019 Special Olympics World Summer Games in Abu Dhabi, the athletes participated in 7-Olympic type sports and returned home with 63 medals including gold medals in Football and Volleyball.”

Indeed, persons with disabilities in Nigeria have shone in sports, distinguished themselves in arts but appear to have been shut out in political appointments and other key positions where their talents could be harnessed.

And although Nigeria’s government at state and federal levels, has taken some steps to address the needs of persons with disabilities following the January 2019 ratification of the Discrimination Against Persons with Disabilities (Prohibition) Act 2018, persons with disabilities in Nigeria persistently face stigma, discrimination, and barriers to accessing basic social services and economic opportunities.

Making a case for youths, women and persons with disabilities at the just concluded Public Hearing on Constitution Review hosted by the House of Representatives Committee on Constitution Review, at the Birnin Kebbi Centre of the North West Geopolitical Zone, the Welfare Committee Chairman of the Nigerian Bar Association (NBA), Mr. Yakubu C. Maikyau, SAN, maintained that this group should not be excluded from government and agencies at any level.

Y. C. Maikyau, SAN

The Senior Advocate of Nigeria called for an all-inclusive Constitutional concept of Federal Character which he said “must be expanded to accommodate this level of participation of youths, women and persons living with disabilities.”

Calling for a deliberate constitutional policy that would make room for persons living with disabilities, he expressed concern that their potentials have long been ignored. “I have a colleague in my office; incidentally she is from this State, who graduated with a 2:1 degree in Law and 2:1 from the Nigerian Law School. She has so much faith in this Country and I believe there are many more like her, waiting to be carried on board a constitutional pedestal and it will amaze Nigerians, the dimension of productivity they will bring into the polity.”

Maikyau also advocated for the establishment of Nigeria as State, founded on democracy and social justice. “The composition of Governments of the Federation and the State, their agencies and parastatals, should at all times in their composition or appointments, as the case may be, comprise youths, women and persons living with disabilities.”

This he said with reference to Section 14(3) and (4) of the 1999 Constitution as amended, “will only be said to have recognised the diversity of the people with the view to promote a sense of belonging and loyalty among all the people of the Federation, where not less than 1/2 of those so appointed into positions in the respective Governments of the Federation, State and their agencies comprise youths, women and persons with disabilities.”

Likewise, he said the provisions of Sections 171 and 208 of the Constitution, on appointments by the President and the Governors respectively, should be altered to accommodate youths, women and persons living with disabilities, in the like manner.

“We must therefore approach this understanding with a constitutional response, in order to guarantee deliberate and sustained effort towards harnessing the potentials of our youths, for the desired national development.”

While also pushing for an amendment to allow for Independent candidacy, he proposed the amendment of Section 223(1) of the Constitution in the manner that will ensure not less than 1/2 of those to be elected/appointed into the Executive Committee or other governing bodies of political parties, comprise of youths, women and persons living with disabilities.

“The all-inclusive constitutional concept of Federal Character must be expanded to accommodate this level of participation of youths, women and persons living with disabilities. I must however add that in all cases, regard must be had to merits and standards,” he concluded.

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