Hausa person born, raised in Jos North is an indigene – Court rules

Justice C. Donglong of Plateau State High Court 17 has ruled that a Hausa person born and raised in Jos North Local Government Area is an indigene of the area. Justice Donglong delivered the ruling on Tuesday in a judgment in Suit No. PLD/J215/202, filed by two applicants — Fatima Baba Akawu, the 1st claimant, […]

Justice C. Donglong of Plateau State High Court 17 has ruled that a Hausa person born and raised in Jos North Local Government Area is an indigene of the area.

Justice Donglong delivered the ruling on Tuesday in a judgment in Suit No. PLD/J215/202, filed by two applicants — Fatima Baba Akawu, the 1st claimant, and Baba Alhaji Akawu, the 2nd claimant — against Jos North LGA over the denial of an indigene certificate to the 1st claimant.

The applicants had approached the court to determine four issues, including whether the 1st claimant, by virtue of her birth in Jos North LGA to a father who is a bona fide indigene of the area, is entitled to be recognised as an indigene and issued a Certificate of Indigene, notwithstanding her Hausa ethnic origin.

The court was also asked to determine whether the defendant’s denial of the 1st claimant’s application for a Certificate of Indigene, while simultaneously issuing her a Residential Certificate and issuing a Certificate of Indigene to one Dung Bot of Berom ethnic origin on the same date, constituted a discriminatory practice that is unconstitutional.

The applicants further sought the court’s determination on whether the 2nd claimant’s status as a bona fide indigene of Jos North LGA and a former member of the House of Representatives, who represented Jos North LGA in the National Assembly in 1983, entitles his offspring, including the 1st claimant, to be issued Certificates of Indigene of Jos North LGA.

They also asked the court to determine whether the instrument titled “Residential Certificate” issued to the 1st claimant is a recognised or valid instrument under Nigerian law and whether it has any legal basis or effect in determining her entitlement to government opportunities or benefits reserved for indigenes of Jos North LGA.

Delivering judgment, Justice Donglong granted all the reliefs sought by the applicants.

He held that the evidence before the court established the claimants’ case and described the defendant’s action as a “reprehensible act of ethnic discrimination” inconsistent with the letter and spirit of the Constitution.

The court further declared that, by virtue of the second claimant’s status as a bona fide indigene of Jos North and the provisions of Section 25(1)(a) and (b) of the Constitution, his biological children, including the first claimant, are entitled to be recognised as indigenes of Jos North and issued Certificates of Indigene.

The court also granted a perpetual injunction restraining the local government from issuing Residential Certificates as substitutes for Certificates of Indigene, describing the practice as unknown to law, ultra vires, null and void.

 

Why I sued Jos North – Plaintiff

One of the plaintiffs, Alhaji Baba Akawu — father of the first claimant — has explained why he challenged Jos North LGA’s refusal to issue an indigene certificate to his daughter.

According to Akawu, earlier this year, his daughter needed an indigene certificate as a requirement for university admission, but was denied.

“When my daughter went to the Jos North LGA Secretariat, she paid for the indigene certificate, but was issued a residency certificate, which is not significant. Another person who made the same request at the secretariat that day was issued an indigene certificate. So, when she returned and told me, I felt it was discriminatory and decided to seek redress in court,” he said.

Speaking on the judgement, Akawu said he was happy that the rule of law was followed, noting that the court is the last hope of the common man and that the judgment has proven that people should still have hope in the judiciary.

“I believe this will serve as a precedent for others with similar issues anywhere across the country. You cannot limit indigene certificates to a few tribes and deny others because of their religion or names. That is discriminatory and unlawful,” the plaintiff said.