A Federal High Court in Lagos on Friday fixed March 8 for report of service in a suit filed by a disabled lawyer, Daniel Onwe, challenging the absence of disability law in Nigeria.
Onwe had initiated the suit against the National Assembly since 2014 for its failure to enact a law that could protect the rights of persons living with disabilities in the country.
The News Agency of Nigeria reports that the suit was first assigned to Justice Mohammed Yunusa and later to Justice Jude Dagat.
Following the transfer of Dagat out of the Lagos Division again, the suit was re-assigned to Justice Mohammed Aikawa.
At the last adjourned date on February 2, the court struck out the suit after the plaintiff informed the court that he was withdrawing same.
The plaintiff’s withdrawal was sequel to a preliminary objection, raised by the respondent, that the processes were not properly endorsed for service outside the jurisdiction of the court.
Justice Aikawa had, accordingly, struck out the suit with no orders as to cost.
Meanwhile, the plaintiff re-filed the suit on February 9, seeking a similar relief from the court.
The suit, numbered FHC/LA/CS/168/17, has now been assigned to Justice Ayokunle Faji.
When the case was mentioned before the new trial judge, Onwe informed the court that he had yet to serve the processes on the respondents and prayed for a short adjournment.
Consequently, Justice Faji fixed March 8 for report of service.
In the suit, Onwe argued that the absence of such disability law amounted to a violation of the rights of the physically challenged persons, with estimated population of over 10 million.
The lawyer said that he was, therefore, seeking an order mandating the respondent to immediately enact necessary laws to protect the rights of persons living with disabilities.
Onwe believed the law would help to stop the violation of the rights of the physically challenged persons in the country.
He stated that their fundamental rights were guaranteed by Sections 33, 34, 39, 40, 41 and 42 of the 1999 Constitution.
He argued that these rights were also contained in Articles 4, 5, 9, 12(1), 13(3), 18(4) and 24 of the African Charter on Human and People’s Rights.
According to Onwe, public buildings, side-walks and other architectural structures meant for the general public are not accessible as they have architectural barriers such as steep steps, which are often without lifts and ramps.
In an affidavit supporting the suit, he stated: “I know as a fact that draft bills for disability legislation have at different times been presented to the National Assembly for passage, but which did not eventually metamorphose into law.”
Onwe, therefore, sought a court order, directing the respondent to do the needful.
NAN.
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