A human rights attorney, community activist, and proponent of freedom of information, President Aigbokhan will act as the lead judge during the semifinals of the renowned Wahab Egbewole, SAN, National Disability Moot Court Competition set to take place at the University of Ilorin.
The National Disability Moot Court Competition, named after Wahab Egbewole, SAN, is considered one of the leading forums for advancing awareness of disability rights among law students in Nigeria.
Commenting on his new role, Aigbokhan thanked the organizers for their trust in him and praised the effort of promoting legal research related to disability rights.
He pointed out that safeguarding individuals with disabilities continues to be among the key human rights issues facing modern society and demands ongoing involvement from legal professionals.
Throughout the years, Aigbokhan has set himself apart by engaging in strategic lawsuits, legal campaigning, and programs designed to enhance skills, all with the aim of fostering openness, responsibility, and safeguarding marginalized communities.
His previous involvement with national and regional tribunals has greatly advanced the growth of human rights law and public interest legal principles in Nigeria and Western Africa.
The final event will take place within the framework of the conference organized by the African Network of Constitutional Lawyers, uniting scholars, judges, legal professionals, and policy makers from throughout Africa.
The nomination acknowledges Aigbokhan's long-term dedication to human rights, constitutional principles, equitable access to legal services, and cases involving the public good, notably his efforts in the lawsuit titled "Unemployed Youths of Nigeria vs. Federal Republic of Nigeria & Others" (Case Number: ECW/CCJ/APP/51/2020), where plaintiffs challenged the Nigerian administration regarding biased hiring practices within the Department of State Services (DSS).
The lawsuit contested the Department of State Services (DSS) hiring policies which permanently excluded applicants with natural impairments (such as stuttering) and those who had previously undergone orthopedic surgery, claiming this violated anti-discrimination laws.
The court was required to accurately evaluate whether the hiring of officials within the DSS violated Article 19 of the Protocol to the African Charter on the Rights of People with Disabilities and Section 29 of the Discrimination Against Persons with Disabilities Act of 2019, as well as whether the data showing more appointments from the northern regions compared to the southern ones constitutes discrimination.
In this instance, the applicant's legal representative, President Aigbokhan, contended that these rigid, inflexible hiring practices essentially exclude eligible candidates from consideration.
An individual contested the state authorities, demanding they establish at least a 5% hiring opportunity quota for people with disabilities, in line with nationwide integration policies.
In its ruling, the court stated that "any difference, exclusion, or advantage related to a specific position grounded on essential requirements should not be considered as discriminatory."
In relation to jobs in specific fields or careers, because of the unique demands or difficulty involved, particular credentials are essential and might disqualify certain groups of individuals who cannot perform the role effectively.
In such circumstances, excluding these individuals cannot be considered discriminatory, provided there is no undeniable evidence that those excluded are capable of performing the job effectively.
In this regard, the court has not received any undisputed evidence showing that individuals who stutter or have physical disabilities, as specified, are still capable of performing the duties needed within a State Security Service.
The court further stated that "Appointments should be based on criteria used by the DSS when selecting individuals for the position, which involve merit."
The candidate has provided no proof indicating that people from the southern region outperformed or achieved higher scores than those from the northern area in evaluation tests or interviews, yet faced rejection for jobs.
A simple claim that the hiring process was unfair, without evidence showing unequal treatment, is considered guesswork and thus cannot be addressed by the court.
Considering this evaluation, the candidate has failed to adequately support their claim of unfair hiring practices related to nationality.
The court further noted that the Respondent has yet to approve the Protocol under the African Charter on the Rights of People with Disabilities.
The Respondent, who is not a party to the Protocol to the African Charter on the Rights of Persons with Disabilities, cannot be considered in breach of its provisions.
The national contest has been running for three years, gathering top law professors from throughout Nigeria to address new legal challenges impacting people with disabilities and promote the development of laws related to disability rights.
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