A Plateau State High Court has delivered a judgment affirming that a Hausa woman born and raised in Jos North Local Government Area (LGA) is a bona fide indigene, legally entitled to all associated rights and privileges.
The ruling, delivered by Justice C. Donglong, strikes at the heart of Nigeria’s contentious debates surrounding identity and citizenship. It is a major milestone for a region historically fractured by ethnoreligious disputes over land and political representation.
The lawsuit was filed by Fatima Baba Akawu and her father, Baba Alhaji Akawu, against the Jos North Local Government Council. The legal action followed the council’s refusal to issue Fatima a Certificate of Indigene.
The claimants challenged the council’s decision to hand Fatima a mere “Residential Certificate” while granting a full Certificate of Indigene to an applicant of Berom ethnic origin on the exact same day. They argued that because Fatima’s father is a recognized indigene, she inherits the same rights regardless of her Hausa ethnicity.
Justice Donglong resolved all four legal issues in favor of the claimants, fiercely condemning the local government council’s actions as institutionalized prejudice.
“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,” Justice Donglong stated.
The court held that treating applicants differently based purely on ethnicity violates the non-discrimination provisions enshrined in the Nigerian Constitution. The judge described the council’s dual standards on the same day as a “reprehensible act of ethnic discrimination.”
Furthermore, the court declared that since the father’s status as an indigene was undisputed, his biological children naturally inherit that legal standing.
Consequently, the court ordered the council to immediately issue Fatima her Certificate of Indigene.
To prevent future bias, Justice Donglong issued a perpetual injunction permanently restraining the council from using alternative administrative tiers for specific ethnic groups. The court ruled that issuing Residential Certificates as a substitute for Indigene Certificates is “unknown to law, ultra vires, null, and void.”
This ruling sets a powerful precedent. It directly challenges the “indigene vs. settler” dichotomy that dictates access to jobs, education, and political opportunities across Nigeria.
