E50: Championing Disability Rights in Nigeria: Daniel Onwe’s Legal Impact

In this episode of the IAAP United in Accessibility podcast, Daniel Onwe, a Nigerian lawyer and disability rights advocate, shares his journey in advocating for accessibility in Nigeria, highlighting the challenges he faced in inaccessible systems and the legal profession. He emphasizes the importance of implementing existing laws, creating awareness, and changing attitudes towards disability to foster a more accessible Nigeria. 

Transcript

00:03 Speaker 

Welcome to the IAAP United in Accessibility podcast, where we highlight the transformative journeys of leaders driving change in accessibility and inclusion. We are honored to feature Daniel Onwe, a pioneering lawyer and advocate for disability rights in Nigeria. As the lead partner of Daniel and Safina and the Pioneer President of the Association of Lawyers with Disabilities in Nigeria, Daniel has made significant contributions to advancing disability rights legislation and promoting inclusivity. With over two decades of experience in law practice, Daniel specializes in areas such as civil and criminal litigation, human rights and development. He is a recipient of the prestigious Chevening Award and the 2024 IAAP Global Accessibility Leadership Award. In this episode, we explore Daniel's journey in disability advocacy, his impactful contributions to legal reforms and actionable insights that can help organizations and communities embrace accessibility and inclusion. 

01:12 Lourdes Arreola Prado  

Hello everyone. Thank you for joining us in the International Association of Accessibility Professionals podcast. We have this time the opportunity to talk to Daniel Onwe, who is a lawyer, notary, public and pioneer president at Association of Lawyers with Disabilities in Nigeria. So, thank you, Daniel, for being here with us today.  

01:37 Daniel Onwe 
It's my pleasure. 

 01:38 Lourdes Arreola Prado  

Thank you so much. It's truly an honor to meet you today. Could you please introduce yourself and tell us what made you start working in accessibility and disability rights? 

 01:49 Daniel Onwe  

Okay, I'm Daniel Onwe. I'm a Nigerian lawyer and accessibility right advocate in Nigeria as well. I'm also a person with a disability. So, what actually ushered me into the accessibility space is the combined effect of the circumstances of my life, the nature of my person, and the environment I found myself in. I had a disability when I was less than two and being in a developing country at a time where the issue of accessibility, especially for persons with disability, is, I would say even what by default and somewhat by intention, in no go areas. So, I had a fourth-hand experience of how frustrating an inaccessible environment and system could be. Starting from my primary schooling, I suffered a major setback as a result of in accessible systems, and when I eventually applied and managed to get into the schooling system, I was still met with inaccessibility, left, right and center, and nobody was apologetic about that. As a matter of fact, I appear to even be the one that owed my society the apology for being in their space and not being able to access their systems that were designed exclusively for them and particularly excluding me and people like me. The university was the same. Even through my law school, it was all about in accessibility, and I graduated to become a lawyer with a hope that the whole system will be accessible and welcoming to me as a person with disability who has actually defied all the odds and graduated as a lawyer for the system itself, even the court system that's supposed to be the temple of justice does a great disservice and injustice to persons with disability accessibility wise. It had always been us with our struggle, we are gradually having improvement, even though it's not yet, Uhuru. Being in the vanguard of advocating for accessible environments in Nigeria, for me, just came upon me. I wouldn't say that I went in search of it, but I found myself in it, and I had no choice, because I was determined to survive, despite my circumstances, and to survive, I had no choice than to challenge the status quo, than to do my best to bring down the walls of inaccessibility. So, I got involved in the Nigerian disability movement and as a young, vibrant lawyer, then I left the drafting of the bill that has now become the discrimination against persons with disability Prohibition Act, which is the major legal framework for enhancement or protection of accessibility in Nigeria. I was also involved in drafting similar legislations at the different states in Nigeria. And today, we have a robust legal framework for the enhancement of accessibility, but that's just one part of the battle. We've gotten the legal framework, we are still left with ensuring that the laws are well implemented so that its impact can be felt, not just by those in the urban areas, but even those who are in the five long remote areas where issues of or the words of accessibility is still strange, so we still have so much work to take it down there. Then coming into my professional life as a lawyer, the legal Nigerian legal profession has no consideration for lawyers with disabilities. Just like I pointed out earlier, it was as if it's the persons with disabilities that all the profession apology for trespassing into their space. So, I saw it as a battle. Lawyers with disabilities were graduating and finding themselves frustrated out of the system. Weren't able to have their foots at the door of Nigerian courts and be involved in the plan of their professional trade. I was moved to mobilize from across the length and breadth of Nigeria, and we've formed the association of lawyers with disabilities to be a voice unto ourselves, demanding that the system should actually be made accessible to every one of us. So that has actually been my life.

 07:02 Lourdes Arreola Prado  

Amazing life, Daniel and we definitely know that lawyers play a critical role in driving inclusion for people with disabilities by upholding rights, challenging barriers, ensuring equal access to opportunities under the law, right? So, I like to know more about when you created this 2018 disability law in Nigeria, what was the biggest challenge in making it happen?

 07:34 Daniel Onwe  

Okay, let me just go straight to the biggest challenge. The biggest challenge was actually getting the Presidential assent to the bill, because when we eventually put the bill together and put it through the National Assembly, the Nigerian National Assembly passed it three times. On these occasions, the Nigerian presidents refused their assent to the bill. On these occasions, the bills died a natural death. So, it took serious advocacy of different forms. I had to take to litigation. I dragged the two presidents of Nigeria to court, as well as the National Assembly and other people embarked on different forms of advocacy and or whatnot, and even when I was going to court, I wasn't 100% sure of victory, but my concern was to create the necessary awareness, because even the court itself did not understand my course. I found it frustrating as a lawyer that the Nigerian judges could not see issues of accessibility with the human right lens. They understood it as a social as welfare issue. And under the Nigerian constitution, issues pertaining to welfare are actually not justiciable, and that's how the court were viewing the issues of accessibility. So, they saw such a litigation as being an impossibility, because even the Constitution, our Constitution, is even silent when it comes to the protection against discrimination. So that's one of the frustrations, but eventually, as a result of a combined advocacy of different disability rights advocates people without disabilities who were sympathetic to the cause of persons with disabilities, President Muhammadu Buhari eventually gave his ascent to another bill in 2019 even though it was it stated 2018. That's how the bill came about. It took about 20 years of consistent advocacy by different people in different ways and different forms. But thank God, we got it. So, the president assent was a major, major problem and challenge that we encountered. And as a lawyer, my challenge also is the Nigerian legal system, the understanding of the Nigerian judges.

10:14 Lourdes Arreola Prado  

That's actually very important. What you just mentioned, Daniel, because I think the challenge you are facing, and you faced in Nigeria as challenge that other people with disabilities are facing in their countries. With that said, my next question, could you share with us what do you think needs to change so lawyers could learn at an earlier stage how to help foster a more accessible Nigeria, a more accessible world?

 10:44 Daniel Onwe  

Well, thankfully, we now have a robust legal framework for the promotion of accessibility in Nigeria. What needs to be changed is that these laws need to be implemented. It shouldn't just have a cosmetic effect, but it should be implemented to the letter. People should take responsibility. There should be consequences when people fail to live by their responsibilities or obligations under the law, and importantly also, we cannot over emphasize awareness. We need to create more and more awareness around the respective legislations that make for accessibility in Nigeria, much as we have done principal advocacy, there is still so much more to be done around the law and letting people know what they are supposed to do. And the body language of our political leaders should also inspire compliance with the law, because the ordinary Nigerians look at the leaders and see what they do and if they are in compliance with the law that makes for accessibility, they are encouraged to follow suit. In addition to that, I also expect our legal system to lead in complying with the provisions of the law regarding accessibility. Our courts are still inaccessible. These are institutions that other people look up to as guiding lights. Yes, we are making progress, little by little, consequent upon advocacy. But I think much more needs to be done when there is a need for us to go to court persons with Disability and other people who are affected by in accessibility should be bold enough to go to court and challenge things that ought to be challenged. So, our attitude needs to change. Awareness towards the law needs to change, and even our courts also their attitude, their understanding of the disability to recruit students, should indeed change. And if we do all that, I know it's not going to be a victory that will be won overnight, but incrementally, it will be getting there. 

13:14 Lourdes Arreola Prado  

Thank you, Dan and yeah, definitely you mentioned three outstanding polls, which is understanding disabilities changing our attitude and keep raising awareness, because new generations are coming, and we need to ensure that these new generation also are aware of what accessibility means and what are the challenges that people with disabilities are still facing. Daniel, you also collaborated with international organizations like the European Union and Disability Rights Fund. Can you share how this partnership had advanced accessibility in Nigeria?

 13:53 Daniel Onwe  

Yeah. Okay, let me start with my collaboration with a Disability Rights Fund, DRF. Then I was the president of association of Lawyers with Disabilities in Nigeria. So DRF was the first organization, we worked with them on access to justice in Nigeria, and with their support, we were able to lead advocacy to the different court heads in Nigeria, the Federal High Court, the State High Courts, and even the ECOWAS Court of Justice, letting them know that our court system, unfortunately and ironically inaccessible, that lawyers with disability should be free to practice law in any court in Nigeria, much as they theoretically have a right of audience in court, the system the environment wasn't accessible. And there are also litigants who have consistent courts. They need to attend court in dignity. There are witnesses who may have this ability, who may need to come as witnesses in courts, these systems are not enabling. So, we were able to reach out to the different court heads in Nigeria, and it kind of created a unique awareness to them, because before then, they weren't used to such messages. Before it was like an eye opener to them. And interestingly, there were responses to our advocacy, even though we have not arrived, as I consistently emphasize, but we began to see gradual changes, some of the new courts that were being erected. Subsequently, we are having somebody comb of accessibility facility, even though it may not be the very best if we also engaged with the Nigerian Bar Association fully. We were able to have audience with the different presidents of the Nigerian Bar Association. We were able to organize press conferences criticizing areas where the bar was aired as far as accessibility was concerned. Luckily, unfortunately, those advocates have been very fruitful. Yes, even though the Nigerian bar today, we wouldn't say it is 100% inclusive, but we have rarely moved far from where we used to be. There are significant milestones in the system. For instance, for the very first time in the history of the Nigerian Bar Association, we began to have sign language interpreters at the conferences, national conferences of the Nigerian Bar Association. We got the Nigerian Bar Association constitution amended to give recognition to lawyers with disabilities today, the Nigerian Bar Association now has a forum that is specific for the protection of the interests of lawyers with disabilities in Nigeria. So these are some of the achievements we accorded we recorded as a result of the collaborations we had with organizations like a DRF. Now, before European Union, I personally consulted for them on a number of projects in Nigeria, one of which was the domestication of the Nigerian disability legislation across some of the states in The northern part of Nigeria and the north, the west and the eastern part of Nigeria, and today, many of those states have now enacted their own states legislations on rights of persons with disabilities. I was also involved with the EU when we had to amend the Nigerian Electoral Act to make ample provision for persons with his ability to be able to access the polling station and vote freely without any hindrance, on an equal basis with any other person in the country. And it was very fruitful. Yes, the Electoral Act was amended taking into account our recommendations, even though not all of them were accommodated, but at least a good portion of them were accommodated in the amendment and were also able to engage the electoral body. And elections in Nigeria, toa large extent, are made to be inclusive of persons with disabilities, even though we have not yet arrived, but there has been improvement, and this is as a result of the different collaborations we had with different development agencies like the DRF, like the European Union and the rest.

 18:45 Speaker  

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 19:24 Lourdes Arreola Prado  

Great. Daniel, great. Thank you for sharing the great value of establishing these key partnerships and advocacy in advancing accessibility milestones. And now I would like to take advantage of your expertise in technology and AI in artificial intelligence law, how do you see AI impacting accessibility and disability rights in the future? Lots of learning here, Daniel, lots of learning. And as you mentioned, the use of AI for people with disabilities holds significant potential, I think, for people with and without disabilities, but there are still gaps and challenges that need to be addressed. So, we are thankful that we have lawyers like you that are willing to advocate for this and on that. Would you think of one way AI could be used ethically to support legal processes and improve access to justice for persons with disabilities? 

 19:49 Daniel Onwe  

Really, AI is critical to accessibility. AI and technology generally, to my mind, is. The sures means obviating the barriers to accessibility with AI, everybody is actually at par. AI, and technology generally puts both the person with disability and the person without disability at the same level. So, it's indeed the best barrier breaker. But again, there are issues that we have to look at. I believe that persons with disabilities will be the major beneficiaries of the development of AI and technology generally, and at the same time, persons with disabilities could also become the greatest victim of AI and technology generally, if they are not properly regulated, because much as AI could do an immeasurable amount of good. AI at the same time can also cause both intended and unintended negative consequences due to its peculiar nature, and that is why the interests of persons with disability generally should actually be protected in the emerging AI environments, both globally, regionally and internationally. For instance, in the EU, we have the EU AI Act and the AI convention of Europe. They are more sensitive to the issues of persons with disabilities. You could see some modicum of provision there for the protection of persons with disabilities. Now, looking at the Nigerian AI strategy as well as the African AI strategy, I'm still at loss as to how the interest of persons with disabilities will be protected there. Now the good thing about AI is that everybody is a starter, as against the physical world, where persons with disability are like late comers, particularly in Nigeria, where all the systems had already been put in place before the consciousness of the existence of persons with disability came and became a story of "Ah, we didn't know. I wouldn't know, we didn't see" that way persons with disabilities and their concerns became after thoughts. AI is just emerging, and it's an opportunity for everybody to start at the same time, everybody, including persons with disability and non-persons with disabilities. So it's important that we work strategically to protect the interests of persons with disabilities, to make AI accessible, equally accessible to persons with disabilities, so that at both the conception, the design, the deployment stage of AI, interests of persons with disabilities are factored in so that at no time should they become late commerce. Can their interests become an afterthought. It's also important we target the inherent biases of AI so that it does not work against the peculiarities of persons with disabilities. So when the machines are being trained, it should also be trained with disability in dices, so that at the end of the day, persons with disabilities will not be victims, but will be equal beneficiaries of the good that AI will do. So, while we regulate AI generally, we should also do the regulation, bearing in mind the peculiarities of persons with disabilities. But generally, AI is indeed a great blessing and will be the greatest blessing of persons with disability, the greatest means of enhancing accessibility, provided they are regulated well so that we harness the good and minimize the potential risks.  Well, there are many ways, because with AI, we can actually give access to the different disability types for the Deaf, AI is an answer to get information to them so that even though they do not have ability to hear like the way the others here with AI, we can actually communicate information to them the way they will understand it. The same applies to the blind. Already, we are seeing advancement in technologies around that line, enhancing the vision or the perception of the Blind. Then for the physical, the same applies. We are seeing a development in robotics and other aspects of technology that promotes the enhancement of persons with disabilities. Then when we even come to the court, like you said, that's another fantastic area, because with the appropriate deployment of technology and AI in the court system, it means that a person with a physical disability, for instance, can attend any court from the comfort of his or her home. I remember my case as a person with disability when I started practice, I didn't have a car, and I wonder how I coped today when I look back at the kind of difficulty I found I was in as a person with disability, wobbling on my crutches, carrying my boots and my wig, wig and gown without a car to the court. And even in the later days of my practice, when my practice grew beyond one state, and I had to be traveling from one part of Nigeria to the other to attend court. But this is a problem that can actually be solved if technology is properly deployed into the court system whereby, we have virtual court hearing, because I personally believe that there is no aspect of the law practice, including litigation, which I do very often, that we cannot do virtually. We do not need to travel, we do not need to climb lines of steps, to access courts, to do cases. If technology is properly deployed, like I said, everybody will be at par with persons with disability, will not be disadvantaged, and that is when their full potential will actually come, because in that case, they will be competing at a level playing field where architectural barriers will not undermine their capability. So really, AI and technology is the way to go, but I'll say, sound the word of caution there should be proper regulation so that it doesn't have an undermining effect, because it also had potential to do harm. 

27:39 Lourdes Arreola Prado  

what you have shared with us today. Daniel and I would like to take a moment now to congratulate you again, Daniel, for winning the 2024 IAAP, global accessibility, leadership at war. Thank you. So how has it impacted or how will it impact your war? Daniel,

 28:01 Daniel Onwe  

Well, immensely, it's already impacting at least. It's hosting my morale and motivating me to do more. It's actually giving me a wider space that me beyond my little corner, and it's given a huge validation to my person and to the work that I have been doing. So definitely, it's going to be a door opener, and it's also a challenge to me. Yes, because it's not just for cosmetic effects, I really need to work harder. They said the reward for work is more work, so it's going to motivate me more, and it's going to increase my visibility to other partners and to other projects. As a matter of fact, I can exhaust, ah, stating the benefits that it will bring along. So, it's an opportunity to do more, and it's humbling as well, and I look forward to a great partnership with IAAP and other likeminded organizations. Yes, because it has actually put me to a limelight, and I cannot relent rather than work more and relate more with people to achieve more.

 29:19 Lourdes Arreola Prado  

Thank you, Daniel, because when you break down barriers for people with disabilities, you are opening doors for everyone. Yes, you are opening for an inclusive future. Thank you for what you are doing. And do you have any final thoughts or projects you would like to share with our listeners today?

 29:38 Daniel Onwe  

Well, my thoughts is actually to secure the interest of persons with disability in the emerging AI environment in Africa, because the development of AI is at its nascent stage in Africa. Generally, even though Europe and America and China, for instance, have actually advanced. But Africa has huge potential of huge domain of the AI market, but I have concern about securing the stake of persons with disability in the African continent so that it wouldn't be for them as it was in the physical space where they were like late commerce, where all the systems have been put in place without factoring them in before the recognition of their existence came. So, I'm really concerned. I'm working and thinking how to secure the stake of persons with disability at this NASA stage of the development of AI in Africa. And I think that is what every one of us should be thinking about, so that at the end of the day, persons with disability will be at par with other persons in the evolution and development of AI in Africa. Once

 31:08 Lourdes Arreola Prado  

Amazing, again, thank you. Daniel, thank you, because what you are doing for Africa, I'm sure that it is going to be impacting worldwide. So, thank you for sharing your insights and patience with us today. Your dedication to advocating for accessibility and the rights of persons with disabilities is truly inspiring, and we are grateful for the work to continue to do to make the world a more inclusive place. So, thank you for being with us today. 

 31:35 Daniel Onwe  

Thank you. It's my pleasure, an honor to be here. 

31:39 Speaker  

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