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In Umuahia, Nigeria, discrimination on grounds of ethnicity, race, religion, gender, age, social status, or disability is generally frowned upon. However, the erstwhile lack of comprehensive legal framework to deal with various forms of discrimination has been a recurring issue. The Nigerian Constitution does have provisions that protect against discrimination, notably in sections 42 and 17. At the same time, there is an active push for expansion and more inclusivity in these laws, such as protection against sexuality-based discrimination.
If you find yourself facing discrimination at work, housing, education, public spaces, or access to services, you may need a lawyer. A lawyer will help you understand your rights and evaluate if there has been a violation under Nigerian law. A lawyer might also represent you if your case goes to court or negotiate on your behalf for a settlement.
Under the Nigerian Constitution, "every citizen shall have equality of rights, obligations and opportunities before the law", thereby barring any sectarian, gender-based, or ethnic discrimination. The Constitution also stipulates that the government must direct its policies towards ensuring “that there are equal and adequate opportunities in all spheres of life". There are also laws specific to certain kinds of discrimination. For instance, the Disability Rights Act, 2018, which provides for access to public buildings, roads and sidewalks, and accommodation to persons with disabilities.
Discrimination can occur in various forms and environments. The Nigerian Constitution considers it as any form of exclusion or restriction made on the basis of race, tribe, gender, place of origin, political opinion, or religion which has the intention or effect of nullifying recognition, enjoyment of rights, and fundamental freedoms in political, economic, social, cultural or any other field of public life.
If you feel you are facing discrimination at work, it is advisable to first report to your human resources department. However, if appropriate action is not taken, you can engage a lawyer and potentially take the case to court.
While the person experiencing the discrimination is usually the best person to file a complaint, there may be circumstances where another person, including a legal representative such as a lawyer, can file on behalf of the victim.
Firstly, consulting with a lawyer can provide guidance on whether you have a valid case. If advised to proceed, your lawyer will draft and file a complaint outlining the discrimination. Then, your case may go through discovery, negotiation, and potentially trial.
Timelines can vary depending on the nature of the case, so it is best to consult with a lawyer as soon as possible to ensure you don't miss any deadlines to file your lawsuit.
The National Human Rights Commission (NHRC) and the Public Defender's Office can offer advice and resources on discrimination issues. NGOs such as Women's Rights Advancement & Protection Alternative and International Federation of Women Lawyers Nigeria (FIDA) also offer valuable support specifically related to gender-based discrimination.
If you believe that you are a victim of discrimination, it is important to seek legal advice as soon as possible. You should collect all relevant information related to your case, such as written communications, suspicious timing of actions, and differential treatment. Consult a lawyer who is experienced with discrimination cases, and they can guide you on the subsequent steps, which may include resolution, out of court settlement, or litigation.
