In Nigeria today the only types of anti-discrimination laws under the constitution or any other statute are discrimination based on gender, disability, religion and ethnicity; there is currently no law preventing age discrimination. The United Kingdom in 2006 enacted the Employment Equality (Age) Regulations then the Equality Act of 2010. This acts prevents discrimination based on Age, Disability, Gender reassignment, Marriage and Civil Partnership, Pregnancy and maternity, Race, Religion or Belief, Sex and Sexual orientation. Section 5 of the Equality Act of 2010 protects people of all ages from unlawful discrimination. This paper would argue that age discrimination should be included in Nigeria’s statutory prohibitions. In addition, it would also draw on the UK experience for ideas about how the statute could function. It would also discuss the South African Employment Tax Incentive Act 26 of 2013.

There are various examples of age discrimination in Nigeria. For instance, job advertisements from various companies both national and foreign companies state that applicants above a certain age are prohibited from applying for the position. This is different from the kind of age discrimination countries such as the US concern themselves with, but it is equally or more important nonetheless. The lack of legal proscription against age discrimination against young workers can affect work opportunities and a nation’s productivity for an entire generation. Thus Nigeria’s lack of age discrimination legislation has affected the development of the country by increasing the unemployment rate. This paper would argue for the implementation of an age discrimination law in Nigeria and also explore its recommended contours.