Nigerian lawmakers violate country’s law, ignore PWD’s needs despite spending N42 billion on renovations

On 17 April 2017, an unusual silence engulfed the chamber of the House of Representatives—the usual whispers and side conversations ceased while many lawmakers turned their heads to glimpse a visitor entering the chamber. Abdulsalam Kamaldeen, who lost both limbs in childhood, was the House’s guest. As he struggled down the stairs in the chamber towards his designated seat, time seemed to pause, with every sound of his effort echoing throughout the chamber.

Due to the lack of persons with disabilities (PWD) – friendly access in the chamber, what should have been a brief walk turned into a strenuous journey for Mr Kamaldeen. In designing the chamber 27 years ago, the authorities did not consider the special needs of people like him or the over 25 million others living with disabilities.

“When you were coming in, I was watching – I almost stood up from my seat to assist you,” Johnson Oghuma, a member of the House, said after Mr Kamaldeen’s entrance. The lawmaker described the building as unfriendly to persons with disabilities.

Aerial view of the Green Chamber

“What is unique about Mr Kamaldeen is that he is physically challenged, and we are in a chamber where the architectural design is not disability-friendly. I am standing to crave the indulgence of the House to move a motion that this chamber be revisited, and the structure should be changed to make it disability-friendly and appoint a sign interpreter for when we are speaking,” he said.

Seven years after Mr Oghuma’s motion, the National Assembly chambers remain inaccessible to PWDs despite N42 billion spent on renovations and the enactment of the Discrimination Against Persons with Disabilities (Prohibition) Act, which then-President Muhammadu Buhari signed into law in 2018. These two events should have ensured PWD compliance in the chambers.

However, these developments have not resolved the issues faced by Mr Kamaldeen and millions of other Nigerians with disabilities. They are technically excluded from the parliament due to the lack of access. The renovation of the building was a missed opportunity to address this exclusion and ensure compliance with the Discrimination Against Persons with Disabilities Act.

Even Paralympians have experienced these embarrassing challenges. Shortly before the Nigerian team departed for the Paris Olympics in July, the House hosted the team. Flora Ugwunwa, a Paralympic gold medallist, was nominated to address the lawmakers in the Green Chamber but could not reach the designated spot due to the absence of a ramp. After failed attempts to carry her, she had to deliver her speech at the nearest available microphone.

Image of the stairs in the chamber

Despite winning seven medals for Nigeria, Ms Ugwunwa and her teammates found accessing their country’s parliament more challenging, even though a law prohibits discrimination against them.

National Assembly Violating Its Own Act

When Mr Buhari signed the Non-Discrimination Against PWDs Act into law in 2018, it was considered a crucial step towards addressing the injustices and exclusion faced by millions of PWDs. Section 4 of the Act mandates that all public buildings be accessible to PWDs.

“A public building shall be constructed with the necessary accessibility aids such as lifts (where necessary), ramps, and any other facility that shall make them accessible and usable by persons with disabilities,” Section 4 of the Act states.

Section 6 provides a five-year transitional period for modifying public buildings for PWD access. Section 7 stipulates that a designated agency scrutinises building plans for public structures to ensure compliance.

“From the date of the commencement of this Act, there shall be a transitory period of five years within which all public buildings and structures, whether immovable, movable, or automotive, which are inaccessible to persons with disabilities shall be modified to be accessible and usable by persons with disabilities,” Section 6 reads.

Section 7 further states: “Before erecting a public structure, its plan shall be scrutinised by the relevant authorities to ensure it conforms to the building code. A government, government agency, body, or individual shall not approve the plan of a public building if it does not make provision for accessibility in line with the building code.”

The five-year transitional period to ensure compliance with the law is past. The National Assembly management was expected to use the renovation project to make the building inclusive and thus comply with the law. However, the Senate and House chambers remain inaccessible to PWDs. More so, the entire National Assembly Complex punishes one for being a PWD.

The N42 Billion Project

The National Assembly complex comprises the main building, the White House, a new office building for members, a new library, and the annexe, which serves as the parliament’s administrative building.

A private firm, ITB Nigeria Limited, constructed the White House following an award by the Federal Capital Development Authority (FCDA) on 18 February 1996.

The iconic structure, with its dome-shaped roof, houses the two chambers of the National Assembly and associated offices. It was completed in 30 months and handed over to the government in 1998. Contrary to lawmakers’ claims that the building is over 30 years old, it was handed over in 1998.

Following the return of democracy in 1999, the government constructed five-storey office buildings for the Senate and House of Representatives. Julius Berger constructed the buildings between 2009 and 2011.

During President Goodluck Jonathan’s administration, the government announced a plan to shut down the White House for two years for rehabilitation. In 2013, the then-Minister of the FCT, Bala Muhammed, outlined a National Assembly project awarded to Julius Berger that included constructing a library, budget office, printing press, clinic, restaurants, banquet hall, worship spaces, a plenary hall, TV/radio/press facilities, fitness room, administrative offices, technical rooms, and meeting rooms. However, there is no evidence that the Jonathan administration executed this project.

After years of lawmakers clamouring for renovations, the Federal Capital Territory awarded a N45 billion contract to Visible Construction Limited in 2021. However, the Bureau of Public Procurement (BPP) reduced the cost to N42 billion (N42,414,917,272).

The project began with a N37 billion allocation in the 2020 FCT budget, sparking significant public outcry. The government revised the budget after the COVID-19 pandemic, slashing the allocation by 75 per cent to N9.2 billion.

President Buhari’s decision to allocate such funds while the economy struggled following a recession and the impacts of COVID-19 sparked a controversy.

The National Assembly insisted the expenditure was necessary to meet modern needs, such as electronic voting. Documents seen by PREMIUM TIMES revealed the contract included rehabilitation of the White House, encompassing architectural, electrical, and mechanical works, with a completion timeline of 85 weeks.

However, the project overlooked the special need of millions of PWDs for equal access to the chambers.

The contractor stripped the chambers bare for over two years – removing furniture, carpets, and every item. After extensive work, the chambers were transformed with new carpets, chairs, furniture, and sound systems. However, the non-PWD-friendly structure remains, with no arrangements for PWDs.

Installing ramps in the chambers would have eased access for PWDs using wheelchairs, facilitating Ms Ugwunwa’s movement to address the chamber properly.

Advocates argue that the National Assembly’s non-compliance is a significant barrier to political inclusion. Currently, no PWD member sits in the House or Senate.

What happens if one is elected?

“If you don’t make a place accessible, you are saying these people don’t belong here. Denying access directly excludes them from the experience,” Pelemo Nyajo, a PWD advocate, said in an interview. For her and millions of others, the state of the National Assembly complex is exclusionary.

PREMIUM TIMES contacted the project engineer, Tajudeen Olanipenkun, who referred queries to the project architect, Seye Akintunde. “I will give you Architect Seye’s number as I have completed my part. He can answer questions regarding the chambers and PWDs,” Mr Olanipenkun said.

When contacted, Mr Akintunde declined to comment without authorisation from the National Assembly. PREMIUM TIMES sent a Freedom of Information (FOI) request to House Clerk Sani Tambuwal for project details, including PWD accessibility. As usual, the National Assembly did not respond to the request.

Who approved the building design?

We contacted James Lalu, the former executive secretary of the National Commission for Persons with Disabilities (NCPWD). He said the government did not submit the renovation plan to the commission for approval.

In a tex message sent to this reporter, Mr Lalu, who was in office during the re said, “It has not been approved and there was no such request by the NASS (sic) while I was ES. Thank you.”

A day in the life of a PWD navigating the Complex – Yasmin Bawa

PWD advocate Yasmin Bawa volunteered to navigate the National Assembly and document her experience. Beginning at the shuttle ground on a sunny October day, she could not board the rickety buses with her wheelchair and had to take a taxi.

Her taxi was stopped at the second gate, where she was directed to the security post for pedestrians. Fortunately, her motorised wheelchair made the 70-metre walk easier. However, the pedestrian path was not PWD-friendly, and she was redirected to the main entrance with a waiver allowing her taxi through. Without a taxi, PWDs would wheel themselves in or wait for a good Samaritan.

From the car park, Ms Bawa had to take a longer route to avoid the stairs, often sharing the path with vehicles as the pedestrian route lacked PWD provisions.

“I can’t imagine someone using a manual wheelchair. Even with my motorised one, it’s difficult,” Ms Bawa said as she navigated under the scorching sun.

Ms Bawa found moving inside the White House equally challenging. She could not find any alternative means to access the gallery of the two chambers. The only available option was the staircase. Additionally, when she tried to cross to the new building of the House of Representatives, where most of the lawmakers are, she discovered that the nearest option was also a staircase.

“So, if I were to be a lawmaker, it would be almost impossible for me to move around,” Ms Bawa said as she had to exit the White House and take another long journey to the House wing. Even at the entrance of the new building, there was no standard ramp, just a wooden plank positioned to serve as a ramp.

What we observed

The National Assembly Complex was not designed to accommodate persons with disabilities. And despite numerous constructions and retrofitting, there seems to be no consideration of complying with the law.

“The interrogation of the building starts from the car park. Is there accessible parking? How close is the car park to the building? Once you get to the building, is there an entry ramp that is up to standard? Because there are particular slopes that a wheelchair user cannot navigate alone, as someone may have to help them,” Ololade Adisa, an architect, told PREMIUM TIMES. “You need a ramp that someone can use without any assistance. Along the ramp as well, you need a railing. The standard we have is 1.2 metres for people who are standing. But for people who are in wheelchairs, they need lower ones.”

Ololade Adisa

According to universal design principles, accessibility and usability must be based on equity, meaning a building must be accessible and usable. The equity component means that the alternatives must be side by side. In most parts of the National Assembly buildings, the level of compliance with accessibility is very low, with the White House being the least accessible. The new building, on the other hand, scores better on accessibility but poorly on usability.

“Even when people design these features, is the design adequate? For instance, the universal design law, the first principle, states equitable usage. Equitable usage means that if you are protecting a step for able-bodied people, you should provide something like a ramp or lift,” Anthony Sholanke, a lecturer in the Department of Architecture at Covenant University, said.

Sample of a proper toilet

“Making it equitable means that when you approach a building, if I see a ramp in front of me, I should also see a step in front of me. What do we find? When you approach a building, you will see the step, and an able-bodied person can easily take it, but the ramp is positioned to the side. If you are coming with someone who is physically challenged, you will go in and climb the steps, while they will have to go to the side to climb from another angle. That means segregation. You have segregated two people who want to enter the building through the design. It is not just about providing the ramp, steps, or lift, but about how they are provided,” Mr Sholanke added.

For instance, Ms Bawa could not use the restroom in the new building because the design did not consider the needs of people like her. None of the entrances to the toilet cubicles was wide enough for her wheelchair to pass through; it took the intervention of a good Samaritan who carried her before she could use one.

READ ALSO: Zulum approves employment of 15 persons with disabilities

“There are also toilet requirements; those are toilets with rods that people can grip when they want to disembark from their wheelchair. Also, do they have urinals for people in wheelchairs or those who are shorter or using crutches?” Ms Adisa said.

The situation is more dire in the chambers because there are no alternatives to the stairs. With the current structure, a PWD cannot serve as a lawmaker, a support staff member in the chamber, an observer in the gallery, or a journalist covering the National Assembly.

In addition to the lawmakers, civil servants serve as clerks, cameramen, and photojournalists in the chamber and sergeant-at-arms officers operate on the floor of the chambers. Sometimes, the chamber plays host to individuals, as in the case of Mr Kamorudeen and Ms Ugwunwa.

In its current state, PREMIUM TIMES observed that it would be almost impossible for a PWD to navigate the chamber. The two chambers are designed using amphitheatre-style seating, and stairs are used without a single ramp or hand railing to aid movement around the chambers. With this structure, a PWD may be unable to be a member, clerk, journalist, or presiding officer.

The gallery is equally inaccessible for PWDs, as one would require stairs to reach the seats. This means that PWDs may not be able to serve as lawmakers, clerks, journalists, or even observers.

Despite shortcomings of their own chamber, reps move to probe agencies without PWD-friendly buildings

Amidst this obvious failure of the National Assembly to comply with the law, the House of Representatives recently resolved to investigate public buildings’ compliance with the Act. The resolution followed a motion moved by Lanre Okunlola.

Again, in October, the House Committee on Disability Matters held a public hearing on the implementation of the law, and some days later, the Chairman of the Committee, Bashiru Dawodu, moved a motion on the floor of the House for a complete investigation into the issue of access to public buildings.

PREMIUM TIMES contacted Mr Dawodu for his view on implementing the Act at the House chamber. He scheduled an interview but did not show up for the interview.

This story was supported with funding from the Centre for Journalism, Innovation and Development, CJID.