JOS, NIGERIA — A High Court in Plateau State has ruled that a Hausa woman born and raised in Jos North Local Government Area is legally entitled to be recognised as an indigene of the area, in a judgment that reinforces constitutional protections against ethnic discrimination.
The ruling was delivered by Justice C. Donglong in a suit filed by Fatima Baba Akawu and her father, Baba Alhaji Akawu, against the Jos North Local Government Council over the refusal to issue her an indigene certificate.
The dispute arose after Fatima’s application for an indigene certificate was rejected despite her claim that she was born in Jos North and is the daughter of a recognised indigene of the local government area. Instead of the requested indigene certificate, the local authority reportedly issued her a residential certificate.
The applicants approached the court seeking a determination on whether ethnic background could be used as a basis for denying indigene status to a person born into a family with established indigene rights in the area. They further argued that the issuance of a residential certificate in place of an indigene certificate amounted to discrimination and lacked legal justification.
In his judgment, Justice Donglong upheld all the reliefs sought by the applicants, holding that the evidence presented before the court overwhelmingly supported their claims.
The judge ruled that denying Fatima an indigene certificate while granting similar recognition to another applicant of a different ethnic background under comparable circumstances constituted ethnic discrimination and violated provisions of the Nigerian Constitution.
According to the court, every Nigerian citizen is entitled to equal treatment regardless of ethnic origin, and public institutions must ensure that constitutional rights are protected without prejudice or bias.
Justice Donglong further held that since Baba Alhaji Akawu is a recognised indigene of Jos North, his biological children are equally entitled to enjoy the same status and rights associated with indigeneity in the local government area.
The court subsequently ordered the Jos North Local Government Council to recognise Fatima Baba Akawu as an indigene and issue her the appropriate indigene certificate without further delay.
In addition, the judge issued a perpetual injunction restraining the council from substituting residential certificates for indigene certificates in similar circumstances, describing the practice as lacking legal foundation.
Legal analysts say the ruling could have broader implications for the long-standing debate surrounding indigeneity, citizenship rights, and access to opportunities in various parts of Nigeria. The issue has remained contentious in several states, where questions of ethnic identity and ancestral origin often influence access to government employment, educational opportunities, scholarships, and political participation.
Observers note that the judgment reinforces the principle that constitutional rights should not be determined solely by ethnic affiliation and may encourage similar legal challenges by individuals who believe they have been unfairly denied recognition based on their background.
The decision is expected to generate discussion among legal experts, policymakers, and civil society groups regarding the interpretation of indigene rights and the need to promote equal citizenship across the country.
