Hausa residents born in Jos North are indigenes – Plateau High Court

A Plateau State High Court has ruled that a Hausa person born and raised in Jos North Local Government Area can be recognised as an indigene of the area and is entitled to an indigene certificate.

The case was brought by Fatima Baba Akawu and her father, Baba Alhaji Akawu, after the local government reportedly refused to issue Fatima an indigene certificate because of her Hausa ethnic background.

In his judgment, Justice C. Donglong granted all the reliefs sought by the applicants.

The court held that Fatima, whose father is a recognised indigene of Jos North, should not be denied indigene status because she is Hausa.

The judge described the council’s action as discriminatory, noting that Fatima was issued a residence certificate while another applicant of Berom origin received an indigene certificate on the same day.

“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 said.

He further described the council’s decision as “a reprehensible act of ethnic discrimination” that goes against the Nigerian Constitution.

The court also ruled that the children of Baba Alhaji Akawu, a recognised indigene of Jos North and former member of the House of Representatives, are entitled to indigene certificates if they were born and raised in the local government area.

Justice Donglong stated that Fatima and the other biological children of the second claimant “are entitled to be recognised as indigenes of Jos North LGA of Plateau State and to be issued a certificate of indigene accordingly.”

The judge also issued a perpetual injunction restraining Jos North Local Government from issuing residence certificates as a substitute for indigene certificates, declaring that such a practice has no legal basis.