By Gloria Ikibah

The Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas, has affirmed his backing for the proposed legislation aimed at granting senior citizens access to free healthcare in public facilities, along with tax reliefs and modest stipends to support their wellbeing.

Speaker Abbas gave his assurance in Abuja while delivering the keynote address at a public hearing on a bill designed to secure specific rights for older persons, ensuring they receive adequate health support, economic relief, and protection of their social and civil entitlements, convened by the Committee on Women Affairs and Social Development during Wednesday’s plenary.

The Speaker who was represented by the Chief Whip of the House,  Rep. Bello Kumon, noted that many of the benefits being considered were once naturally provided through traditional family structures.

He emphasised, however, that the House is committed to establishing a formal legal framework that shields older citizens from neglect and abuse, ensuring they are treated with dignity and respect.

He said: “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.

“Section 42 of the Constitution of the Federal Republic of Nigeria 1999, 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.

“The Fundamental Objectives and Directive Principles of State Policy in Chapter 2 of the Constitution also make provisions for the well-being of citizens, but they are not obligations that are justifiable or enforceable.

“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.

“The important thing here is that old people are now to be protected by legally enforceable rights, and they can hope to get restitution from the courts if these rights or entitlements are breached. It is a very progressive bill which seeks to bring the social welfare programme available for old people up to date.

“It examines the pressures that joblessness, loneliness, neglect, insecurity, poverty, retirement, and health challenges foist on the aged and make provisions for safeguards and benefits that will enable them to live better. Proposed provisions include free medical services in government facilities, some forms of tax exemption, stipends, and protection against abandonment. Many of these were previously covered by traditional family support systems, but as those weaken, we must provide a formal legal structure that will protect the aged from abuse.”

In her remarks, Chairman, House Committee on Women and Social Development, Rep. Kafilat Ogbara explained that the provisions of this bill “reflect on our collective responsibility to ensure that our older population receives the dignity, respect, and support they deserve. I call it – Society giving back.

“As we know, older persons often face unique challenges that can affect their health, economic stability, and social engagement. This legislation aims to address these issues head-on by establishing a framework that guarantees their rights and protections.

“House Bill 2098 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.”

In his presentation, National Coordinator/CEO of National Social Investment Programme Agency (NSIPA), Badamasi Lawal who was represented by Dr. Nsikak Okon urged that the Older Persons bill, 2025 under consideration should be harmonized with the National Senior Citizens Centre Act, 2018 for ease of operationability in supporting Older Persons in Nigeria.

On her part, Barrister 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: ThS section provides that older persons shail 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 4(1) on Rights of Older Persons: The side note to this section reads thus: ‘Mobility and Accessibility to Physical’. We observed that the sentence is incomplete and does not relate to the information in the referenced section. Accordingly, we advise that the sentence be reviewed for correctness and applicability.

“Section 5 on Minimum Wage: The section provides that indigent older persons shall be entitled to at least 25% 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.

“Furthermore, in line with best global practices, we recommend the insertion of a provision that would mandate the participation of Nigerians in both formal and informal employment to some social security scheme, in order to become eligible to access the rights provided under the Bill. This would make the scheme sustainable ang reduce the financial burden that would otherwise be placed on the respective tiers of Government pursuant to the Bill.

“Section 17(1) on Provision for Accessibility Aids: This clause reads as follows: ‘At public parking lots, suitable spaces shall be Properly Older Persons Rights Bill, 2024 marked and reserved for Older Persons’. We observed that the provision is incoherent, possibly due to the inclusion of the highlighted phrase. We therefore, recommend that the provision be reviewed for correctness.

“Section 30 on Education must be subsidized: This section provides that: ‘The education of special education personnel shall be highly subsidized’. We observed that the provision is incoherent and does not focus on older persons as may have been intended. Accordingly, we recommend that the provision be reviewed for contextual correctness.

“Section 38(2): We observed that this Section does not have a side note. We recommend the insertion of a side note for ease of reference.

“We further observed that the Section provides that the Bill shall not aee| to persons who are beneficiaries under the provisions of the Pension Reform Act 2014 the National Health Insurance Authority Act 2022 the National Social Insurance Trust Fund Act 2004 and the National Provident Fund Act, 1961.

“We are of the opinion that this provision is contrary to the provisions of Section 42(1)(b) of the 1999 Constitution (as amended) for being discriminatory also unnecessarily restrictive as it deprives persons who are beneficiaries of schemes under the referenced legislations from enjoying some social rights provided in the Bill but not Covered by the referenced legislations. For instance, the right to work, right to education, right to first consideration in queues and emergencies, right to rebates, provision of accessibility aids during transportation and access to buildings amongst others, are provided in the Bill but not covered under the referenced legislations.

“n view of the above, we recommend a review of the provision to bring it in line with the 1999 Constitution (as amended) by making it nondiscriminatory and all-embracing.”