A Plateau State High Court has ruled that a Hausa person born and raised in Jos North Local Government Area is legally an indigene of the area, especially where parental ties to the community are established.
Justice C. Donglong of High Court 17 delivered the judgment in a case filed by Fatima Baba Akawu and her father, Baba Alhaji Akawu, against the Jos North Local Government Area over the refusal to issue her an indigene certificate.
The court was asked to determine whether the applicant, born in Jos North to a father recognised as a bona fide indigene, should be granted indigene status despite her Hausa ethnic identity.
It also examined whether the LGA’s decision to issue her a residential certificate instead of an indigene certificate was discriminatory and unconstitutional.
In its ruling, the court granted all the reliefs sought by the applicants, holding that the evidence presented supported their claims.
Justice Donglong described the refusal to issue the indigene certificate as an act of ethnic discrimination and inconsistent with Nigeria’s Constitution.
The court further ruled that children of a recognised indigene of Jos North are entitled to indigene certificates under the Constitution, and that the use of “residential certificates” as a substitute is unlawful, null, and void.
It also issued a perpetual injunction restraining the local government from continuing the practice.
Plaintiff speaks on judgment
Reacting to the ruling, Baba Alhaji Akawu said he took the case to court after his daughter was denied an indigene certificate needed for university admission, despite paying the required fees.
He explained that she was instead issued a residential certificate, while another applicant on the same day received an indigene certificate.
He described the experience as discriminatory and praised the court’s decision, saying it restores confidence in the judiciary and could serve as a precedent for similar cases across Nigeria.
The judgment is being viewed as a significant ruling on indigene rights and ethnic discrimination in local government administrative practices.
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