A Plateau State High Court has ruled that Hausas born and raised in Jos North Local Government Area are entitled to be recognised as indigenes, declaring that ethnicity cannot be used as a basis for denying constitutional rights and privileges.
Justice C. Donglong delivered the judgement in a suit filed by Fatima Baba Akawu and her father, Baba Alhaji Akawu, against Jos North Local Government Area Council over the refusal to issue the first claimant a Certificate of Indigeneship despite her being born and raised in the local government area.
The applicants had approached the court seeking the determination of four issues, including whether Fatima Akawu, by virtue of her birth in Jos North LGA to a father recognised as a bona fide indigene of the area, was entitled to be recognised as an indigene and issued a Certificate of Indigene notwithstanding her Hausa ethnic origin.
They also asked the court to determine whether the denial of the certificate while issuing her a Residential Certificate, and granting a Certificate of Indigene to one Dung Bot of Berom ethnic origin on the same date, amounted to unconstitutional discrimination contrary to the provisions of the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
The claimants further argued that Baba Alhaji Akawu’s status as a bona fide indigene of Jos North and his previous service as a member of the House of Representatives representing the constituency in 1983 entitled his children to be recognised as indigenes of the area.
They also sought a declaration on whether the Residential Certificate issued to the first claimant was a valid legal instrument capable of determining eligibility for opportunities and benefits reserved for indigenes.
Delivering judgement, Justice Donglong resolved all four issues in favour of the claimants and granted all the reliefs sought.
“Pursuant to a careful and diligent consideration of all the processes before this court, the uncontroverted affidavit evidence placed before this court by the Claimants, the documentary exhibits attached thereto and the Written Address filed in support of the Originating Summons and having resolved all four (4) issues for determination in favour of the claimants, I am of the firm and considered opinion that this Originating Summons is meritorious and ought to be granted,” the judge held.
Justice Donglong said the court was compelled to protect citizens from discrimination based on ethnicity and circumstances of birth.
“This court is particularly moved by the constitutional imperative to protect every Nigerian citizen’s right to freedom from discrimination on grounds of ethnic origin and the circumstances of birth. The defendant’s conduct, by issuing a Residential Certificate to the 1st claimant, a Hausa by ethnic origin, while issuing a Certificate of Indigene to Dung Bot of the Berom ethnic origin, both on the same date for the same application is a reprehensible act of ethnic discrimination that is inconsistent to the letter and spirit of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” he said.
The judge added that the court had a duty to defend constitutional rights whenever they were threatened.
“This court, as admonished by the Supreme Court in ANZAKU V. GOVERNOR OF NASSARAWA STATE (Supra), rises as the occasion demands to ensure that the constitutional rights of the individual are never trampled upon,” he stated.
In a key aspect of the ruling, the court declared that the children of the second claimant, including the first claimant, are entitled to indigene status by virtue of their father’s status and their birth in Jos North LGA.
“By virtue of the 2nd claimant’s status as a bona fide indigene of Jos North Local Government Area of Plateau State and the constitutional provisions of Section 25(1)(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), his biological children, including the 1st claimant, who were born and raised in Jos North Local Government Area, are entitled to be recognized as indigenes of Jos North LGA of Plateau State and to be issued Certificate of Indigene accordingly,” the court ruled.
Justice Donglong also prohibited Jos North Local Government from issuing Residential Certificates as substitutes for Certificates of Indigene.
“An Order of Perpetual Injunction is hereby granted restraining the defendant, whether by herself, her privies, agents, or delegates, from further issuing or continuing to issue Residential Certificates to any person as a substitute for a Certificate of Indigene, same being unknown to law, ultra vires, null and void,” the judge declared.
