•Extends Retirement In Age To 65yrs, 40yrs In Active Service
•As Chief Sponsor, Ikpamezie Expresses Delight
By Onyekachi Eze
The 10th House, third Assembly (Second Session) of the Imo State House of Assembly has passed a bill for a law to repeal the Imo State agency for persons living with disabilities (establishment) law no 8 of 2017 and to enact a law to domesticate the discrimination against persons with disabilities (prohibition) Act 2018 in Imo State and for other related matters.
The bill was passed into law at the plenary session of the House held on Wednesday, October 16, 2024.
It would be recalled that at the plenary session of Wednesday, March 13, 2024, the House of Assembly Bill number 7 was read the second time and referred to the House Committee on Humanitarian Affairs for further Legislative actions.
They were further instructed to conduct a Public hearing on the bill, which was conducted on Friday May 3, 2024.
Affected relevant bodies and ministries present for the public hearing includes the following; Ministries of Education, Information, Justice, Youths and Sports, Transport, Humanitarian Affairs, Labour and Finance.
Also in attendance were Youth Aide Development Initiative, space for change, Albinism Association of Nigeria, Intellectual Groups, Nigeria Association of Women Journalists. Nigeria Association of the Blind, Disabled Workers Association, Imo State Association of the Deaf, National Association of Disabled Women, Open Arm Initiative, Communal Care Centre. National Human Right Commission and representatives of Physically challenged persons; among others.
However, at the Committee of the Whole House, in the October 16th 2024, sittiing, the Deputy Speaker, Rt. Hon Amara Iwuanyanwu, who read out the report of the humanitarian affairs Committee noted that from the public hearing, suggestions and corrections were made, hence the clause by clause considerations.
Recommendations of the humanitarian affairs committee as signed by the Chairman, Hon Benard Ozoemelam, and Hon Okey Udeze suggested that some of the clauses were obsolete, hence the need to be repealed.
The new Law suggested on the establishment of agency for Persons with disabilities with headquarters to be cited in Owerri, the Imo State capital.
Also, establishment of governing board and membership of the agency was pin pointed which shall superintend over the affairs of the agency.
The Agency under the Law shall have powers to;
(a) do any lawful thing, which shall facilitate the carrying out of its responsibilities under this Law and in particular, may:- enter into contract for the education and welfare of persons with disabilities; (b) purchase or acquire any assets, business or property considered necessary for the proper conduct of its functions; (c) sell, let, lease or dispose of any of its property. (d) undertake or sponsor research where necessary for the performance of its functions; (e) train managerial, technical or other category of staff for the purpose of running the affairs of the Agency: among other functions.
On the appointment of the Executive Secretary, the HAB number 7 emphatically approves a four year tenure for the Executive Secretary, while there will also be an appointment of a Chairman and other appointments.
There shall be Executive Secretary for the Agency who shall-
(a) Have such qualification and experience as appropriate for a person required to perform the function of that office;
(b) Be a person with disability; and
(c) Be responsible to the Board for the execution of the policies and administration of the daily affairs of the Agency.
(2) The Executive Secretary shall be in office for a period of four (4) years in the first instance and may be re-appointed for another term of four (4) years only on such terms and conditions as the Governor may determine.
“The Board shall appoint for the Agency such number of employees as may, in the opinion of the Board, be expedient and necessary for the proper and efficient performance of the functions of the Agency.
(1) The Board may appoint for the Agency, either directly or by secondment from any Public Service of the State, such number of employees as may, in the opinion of the Board, be required to assist the Agency in the performance of any of its functions under this Law.
People Living With Disabilities according to the repealed and newly enacted Law will through the Agency be provided with educational assistive devices.
“A public or private hospital where a person with communication disabilities is medically attended to shall make provision for special communication.
“Retirement at 60 (sixty) years of age or thirty-five years of service shall be extended to 65 (sixty-five) years of age or 40 (forty) years of service for disabled workers in Imo State”.
PROHIBITION OF DISCRIMINATION/ OFFENCES AND PENALTIES
(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.
(2)A person who contravenes subsection (1) of this Section, commits an offence and is liable on conviction to, if the person is-
(a) a body corporate, a fine of #1,000,000; and (b) an individual, a fine #100,000 or six months imprisonment or both.
(3) Notwithstanding the prosecution, conviction or otherwise of any person for any offence under this Law, 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 Ministry of Information and Orientation shall make provision for promotion of awareness regarding the- (a) Right, respect and dignity of persons with disabilities; and
(b) Capability, achievement and contribution of persons with disability to the society.
ACCESSIBILTY OF PHYSICAL STRUCTURE
“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 lifts (where necessary), ramps and any other facility for accessibility and use by persons with disabilities.
Other parts and sections of the bill further prohibits the use of disabled persons for alms or use as a guise for begging in public as such offender risks a fine of #100,000 or six months imprisonment or both.
OPPORTUNITY FOR EMPLOYMENT AND PARTICIPATION IN POLITICS AND PUBLIC LIFE
It further stipulates that 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, be freely chosen or accepted in a labour market and work environment that is open, a defaulter is liable on conviction to a fine of N250,000 payable to the affected person with disability.
“Where a company contravene the subsection (1) above,
(a) The company commits an offence and is liable on conviction to a fine of N500,000 payable to the affected person with disability; and
(b) Any principal officer of the company involved in the violation commits an offence and is liable on conviction to a fine of N50, 000 payable to the affected person with disability.
Categorically, all employers of labour in public organization shall have persons with disabilities constituting at least 5% of their employment.
The House of Assembly after an exhaustive Committee of the whole session on resumption to plenary read the bill the third time and passed into Law, awaiting governor’s assent.
Addressing newsmen afterwards, the Chief Sponsor of the Bill and Member representing Mbaitoli State Constituency, Hon. Innocent Ikpamezie thanked the Speaker, Deputy and his colleagues for their contributions to the success of the bill.
He described it as a human angle driven bill geared towards protecting the rights and dignity of Persons Living With Disabilities, PLWDs.
Hon Ikpamezie opined that, since all mankind was created by one God, there is no gain discriminating against one another irrespective of physical deformities.
However, he was hopeful that Governor Hope Uzodimma in his usual kind hearted and loving self to humanity will assent to it for immediate implementation.
The Chief Sponsor was also elated that his bill had scaled through the Legislative hurdles which when assented to will serve the entire State.
