‘Current Legislation for Protection of Old People, Not Enforceable’

Adedayo Akinwale in Abuja

The Speaker of the House of Representatives, Hon. Abbas Tajudeen, has said that current policy and legal frameworks for the protection of old people are either fragmented or incomplete, and mostly cannot be enforced by the courts.

Abbas made this known yesterday in Abuja during the public hearing on a bill seeking to provide certain rights for older persons to ensure health and economic relief and protection for their social and civil rights and for related matters, organised by the Committee on Women Affairs and Social Development, chaired by Hon. Kafilat Ogbara.

The speaker stressed that while many of these social benefits were previously covered by traditional family support systems, he underscored the House resolve to provide a formal legal structure that would protect the aged from abuse.

He noted that the bill not only hopes to address a wider range of issues, including social and economic challenges, but also to provide a legally binding framework for older people.

The speaker added that the bill seeks to provide comprehensive protection for the specific rights of older citizens and meet our obligations towards safeguarding their welfare.

Abbas stated: “This older persons (Rights and Privileges) bill has become necessary because existing legislations, like the National Senior Citizens Centre Act, 2018, have not fully taken care of the peculiar needs of older persons and their rights are constantly abridged by others, from family members to public institutions and the rest of society.

“This bill is therefore an attempt to provide comprehensive protection for the specific rights of older citizens and meet our obligations towards safeguarding their welfare.”

Abbas pointed out that Section 42 of the Constitution as amended guarantees certain inalienable rights for every citizen and forbids the discrimination of persons on the basis of religion or race or gender, but it fails to cover the peculiar injustices that old people suffer simply because they are old.

He stated: “In sum, current policy and legal frameworks for the protection of old people are either fragmented or incomplete, and mostly cannot be enforced by the courts. 

“This bill not only hopes to address a wider range of issues, including social and economic challenges, but also to provide a legally binding framework for older people.”

Earlier, the Chairman of the committee,  Hon.  Ogbara said  the provisions of the bill reflect collective responsibility to ensure that older population receives the dignity, respect, and support they deserve. 

She noted that older persons often face unique challenges that could affect their health, economic stability, and social engagement. 

Ogbara said this legislation aims to address these issues head-on by establishing a framework that guarantees their rights and protections.

“House Bill  seeks to ensure health and economic relief for older persons, recognizing that access to quality healthcare and financial security are fundamental human rights. It also emphasizes the importance of protecting their social and civic rights, allowing them to participate fully in society and contribute their wisdom and experience,” she added.

On her part, Mr. Martins Ikagu who spoke on behalf of National Pension Commission (NPC), described the proposed legislation as a positive development which would further strengthen and expand the legal framework on social security in Nigeria.

While calling for review of the proposals in Clause 2, 3(2), 4(1), 5, 17(1), 30 and 38(2) of the proposed bill, for contextual correctness, he reaffirmed the Commission’s unwavering commitment to protecting the social rights of Older Persons, including retirees who have a constitutional right to earn pension after retirement.

According to him,  Section 3(2) of Part Ill on Rights of Older Persons: This section provides that older persons shall be entitled to five percent of the Social Protection Intervention Programmes of the relevant MDAs of the Federal Government. We are of the opinion that details of the relevant MDAs should be annexed to the Bill or provided in the Interpretation Section for appropriate guidance, implementation and enforcement

“Section 5 on Minimum Wage: The section provides that indigent older persons shall be entitled to at least 25 per cent of the National Minimum Wage as monthly stipends which shall be reviewed by the Federal Government every five years. We observed that the specific source of funding and custody of the funds to be utilized for the payment of the stipends were not provided. In order to achieve seamless implementation, we recommend that the source of funding and domiciliation of the dedicated funds for payment of the stipends should be determined and codified. 

Also,  National Coordinator, National Social Investment Programme Agency (NSIPA), Badamasi Lawal who was represented by Dr. Nsikak Okon called for the harmonisation of  Older Persons bill, 2025 with the National Senior Citizens Centre Act, 2018 for ease of operationality in supporting older persons in Nigeria.

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