Volume 8, Issue 12, December 2023 International Journal of Innovative Science and Research Technology

ISSN No:-2456-2165

The Constitutional Implications of the

Indigeneity Syndrome and its Effects
on the Political Stability of Nigeria
Onuoha, Joachim Chukwuemeka

Abstract:- In practical analysis, there are two categories citizen hails from or resides. However, even with the clear
of Nigerians cum Nigerians, to wit, the indigene and non Constitutional provisions on Nigerian citizenship and
indigene Nigerians. The indigenes of a particular locality fundamental rights, notions such as ‘indigene’, ‘non-
are those who can trace their origin to the ancestors of indigene’, ‘settler’, ‘stranger’, ‘state of origin’, ‘ethnic
the locality and they enjoy full citizenship rights therein, group’, ‘son of the soil’, etc. have become rife in the
whereas the non-indigenes in the same locality are the Nigerian polity, and they have consequently emerged as the
latter-day settlers who are often denied those same rights determining factors in the full enjoyment of citizenship
irrespective of how long they have lived there. rights in Nigeria. It no longer suffices that one is simply a
Invariably, the Nigerian Constitution is at the center of Nigerian citizen, a fortiori, such person must identify with
this citizenship quagmire. The Constitution provides and an ancestral indigenous community - irrespective of his state
guarantees the citizens all the rights and privileges under of residency, before he can enjoy the full benefits of being a
the law - and it forbids any form of discrimination Nigerian citizen in that locality. This has thus created a
against citizens on ground of place of birth. However, in double - standard citizenship in Nigeria to wit, the ‘indigene
another stroke, the same Constitution contains certain citizen’ and the ‘non-indigene citizen’ of Nigeria. This
provisions that endorsed indigeneity syndrome and other simply implies that there are inherent contradictions with
forms of discriminatory practices against Nigerian respect to the rights and privileges of the citizens who,
citizens who are residing in states and localities other though are Nigerians, but for whatever reasons, choose to
than their ‘own’. Certain policies of the government reside in places in Nigeria outside their ancestral home. Put
institutionalized these discriminatory actions against differently, a Nigerian residing in any part of the Country
non-indigenes such as in political appointments, public outside his ancestral home will not enjoy full citizenship
sector employment, scholarship, land ownership and rights alongside the indigenes of the place he sojourned.
acquisition, admission into the tertiary institutions, Therefore, irrespective how long the ‘sojourner’ has lived
amongst others. Although, the United Nations has a outside his ancestral home – even if he was born there, he is
convention protecting the rights of indigenous peoples, limited in the opportunity to enjoy equal rights and
there is currently no legislation protecting the rights of privileges with the ‘indigenes’ of his place of sojourn in the
non-indigenes in their places of sojourn in Nigeria. same country.
Conflict is an unpleasant but inevitable byproduct of the
indigene-settler dichotomy, and many of Nigeria's worst In Nigeria, because citizens are classified as either
conflicts pit the area's acknowledged ‘original’ indigenes or non indigenes; the ‘all state benefits are
inhabitants against the area's ‘later’ settlers. It is enjoyed to ‘indigenes’, while ‘non-indigenes’ are not
predicated on the above that this article embarked on entitled to any of them’ and are denied same. This indigene
the legal appraisal of the indigeneity syndrome and its principle, or indigeneity means that some group of persons
implications on the political stability of Nigeria via the will have total control of power and resources within a
doctrinal system of research methodology. This article locality while others – who are referred to as settlers - are
recommended that Nigeria should enact a residency law excluded. Due to this reality, there is therefore a deeply held
cum a residency rights commission that will enthrone attachment by Nigerians to the concept of indigeneity and
and protect residency rights so that all citizens will enjoy state of origin. Consequently, no matter the status of any
equal rights irrespective of where they live in the Nigerian, he or she is more devoted to and attached to his
country. native community and or ethnic group than he or she has for
the nation. Unfortunately, this conflict between natives and
Keywords:- Constitution, Indigeneity, Citizenship and settlers, indigenes and non-indigenes arises among the same
Political Instability. Nigerians that have shared long-standing cultural, religious,
political, and economic ties. But when it comes to sharing
I. INTRODUCTION resources, particularly land and political positions,
indigenous (non-indigenous) sentiments are triggered, which
The Constitution of every nation, whether written or results in prejudice and persecution against the so-called
unwritten, has provisions that guarantees the protection of ‘settlers’ or ‘non-indigenes’.
the fundamental human right of its citizenry, including the
right to freedom from discrimination on grounds of, inter Nearly the entire country is plagued by the wave of
alia, place of birth or circumstances of birth. The rights, crises occasioned by the indigene – settler dichotomy, and
privileges and duties of Nigerian citizens inure equally for more specifically in Nigeria's North Central area, which
every citizen irrespective of the part of the Country the frequently results in the enormous loss of incalculable

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Volume 8, Issue 12, December 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
property and priceless human lives. In Nigeria, the issue of A government's "framework or composition, the actual
indigenes and non indigenes rivalry and violent conflicts has organization of a government's organs, the delegation of
been there for many years and has remained the main cause authority within them, the relationships between them, and
of communal violent clashes. These clashes escalates to the process by which those powers are used" are other terms
destruction of communities and villages, colossal used to describe the constitution.3 It is the fundamental or
destruction of lives and properties, displacement of peoples organic law of a nation or polity, and it is the general legal
causing them to live in make-shift places like the Internally framework that defines, characterizes, and restricts the
Displaced Persons (IDP) camps where the occupants are exercise of powers, rights, and obligations, as well as
often met with hunger, abuses, epidemics, sexual assaults broadly prescribing the ways in which those powers may be
and numerous health challenges. Some children born in exercised.4 The Constitution has also been defined as a body
these IDP camps may never know their families and or of laws, rules and objectives which set out and delimits the
ancestral homes any more. These conflicts have turned out structures, powers, rights and duties of an organization or
several humanitarian challenges as well, requiring the group as well as its organs and its members.5 It has also been
intervention of the international communities for refugee said that the constitution serves as the nation's foundation, so
support to the displaced persons. Till date, conflicts between all laws must adhere to it.6 The Nigerian Supreme Court
the ‘indigenes’ and ‘settlers’ in Nigeria have been a regular further clarified the meaning and significance of a
occurrence with varying degrees of causalities, as have been constitution in the well-known case of A.G. of Ondo State v.
experienced in areas like Umuleri / Aguleri, Zango / Kataf, A.G. of the Federation7 that “…constitution is a living
Ife / Modakeke, Jukun / Tiv, Urhobo /Itsekiri, Berom / document that bestows authority along with defining rights
Hausa / Fulani, etc. The majority of the time, particularly in and constraints. It is the ultimate law that establishes some
Northern Nigeria, these crises turned into religious and tribal basic fundamental principles…”
conflicts, wrecking havoc on the nation and its people.
While the constitution - often a supreme written law, is
The efforts of the government in trying to resolve the the key element in organizing the polity, constitutionalism
indigeneity conflicts are, regrettably, neither here nor there; ensures the mechanism of rule of law using the principles of
apart of setting up panels of inquiries whenever there are checks and balances among the state institutions, containing
communal clashes, the Nigerian government has not taken the spirit, the substance and the procedure with reference to
much action to address the underlying causes of the the constitution.8
indigeneity crisis, leaving the populace unhappy with
recurrent incidents. This article, therefore, is set to B. Citizenship
interrogate the indigeneity syndrome and its implications on Citizenship is the state of being a citizen and the
the political stability of Nigeria. It will appraise the legality standard of behavior of an individual within a community. A
of the indigeneity claims in Nigeria and role of the Nigeria citizen is a person who belongs to a political community by
laws, especially the Constitution, in the enthroning birth or naturalization, has allegiance to the community, and
indigeneity in Nigeria. It will also link the dichotomy of is entitled to all civil rights and protections. They are also
indigene and settler claims to the increasing spate of threats members of a civil state and are eligible for all benefits.9
to the political stability of Nigeria. Citizenship is said to refer to the status, rights, obligations,
duties and privileges of persons who are members of a
II. DEFINITION OF RELEVANT TERMS particulars sovereign nation.10 Persons who are members of

A. Constitution
A constitution can be understood as the ultimate legal 3
B. O. Nwabueze, Ideas and Facts in Constitution-
document that delineates the extent of authority and making (Ibadan, Spectrum, 1993) 1
structures of the people, institutions, and government within 4
S. T. Hon, Constitutional and Migration Law in Nigeria
a specific area.1 The Black’s Law Dictionary defines (Port Harcourt, Pearl Publishers International Limited,
constitution as – 2016), 2-3
5
C. A. J. Chinwo, Principles and Practice of
The fundamental and organic law of a country
Constitutional Law in Nigeria (2ndedn. Lagos, Princeton
or state that establishes the institutions and
and Associates Publishing Co. Ltd, 2020) 5
apparatus of government, defines the scope of 6
Anka v. Lokoja (2001) 4 NWLR (pt 702) 178
governmental sovereign powers, and guarantees 7
(2002) 9 NWLR (Pt. 772) 222 at 418-419, per Uwaifo
individual civil rights and civil liberties; a set of
JSC; FRSC v. Ehikaam (2023) LPELR-60749 (CA)
basic laws and principles that a country, state, 8
or organization is governed by.2 Governor of Kwara State v. Ojibara (2006) NSCQR
Vol. 28, 101; Mohammed v. FRN (2018) 13 NWLR (Pt.
1636) 22
9
B. A. Garner (ed.), Black’s Law Dictionary, (10thedn,
1
Oxford Dictionary of Law (5th edn, Oxford, OUP, 2015 USA, Thompson Reuters, 2014) 298; A. S. Hornby,
138; FRN v. Osahon (2006) 10 NWLR (Pt. 674) 264: J. Oxford Advanced Learner’s Dictionary (7th edn,
Law, Govt. Ekiti State v. Olubunmo (2017) 3 NWLR Oxford, OUP, 2006) 254
10
(Pt. 1551) 1 C.A.J. Chinwo, Principles and Practice of
2
B. A. Garner (ed.), Black’s Law Dictionary, (10thedn, Constitutional Law in Nigeria (2nd edn, Princeton
USA, Thomson Reuters, 2014), 376 Publishing Co. Ltd, 2020) 319

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Volume 8, Issue 12, December 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
a nation are regarded as citizens of that nation whereas those According to Adetiba18, through citizenship, the State
who are not members of that nation are regarded as aliens. establishes and asserts its legitimacy, sovereignty, and
As a result, citizenship is governed by domestic law, identity. It also serves as a tool for social closure. It is the
whereas nationality is governed by international law. In method by which a contemporary nation state composed of
addition to the rights and principles he owes the State, a diverse nationalities aims to create a shared identity and
citizen is a legitimate member of a State with full experience for its citizens. All citizens are granted equality
constitutional rights within that State. In Nigeria, the through citizenship. The sociological component of
Constitution made adequate provisions for citizenship of the citizenship, which is defined by differentiation, is one of the
country, including ways of acquiring the citizenship, biggest issues states, especially multiethnic states like
qualification, how to lose or forfeit one’s citizenship, the Nigeria, are facing in their quest for national cohesion. This
rights, duties and obligation of citizenship.11 According to indicates that non-indigenes are now essentially treated as
Egwu, citizenship is the status of being a member of a second-class citizens in their own nation as a result of these
political community that acknowledges humans as "political laws and practices; the only way to alter or escape this status
beings."12 Citizenship is also the relationship of rights, is for the impacted citizens to return to their home state or
obligations, and duties that exist between a person and the community.
state. It is a way for people to participate as subjects and
agents in the governance of the state and society. 13 C. Indigeneity
The Nigerian Constitution did not define any of the
A person is granted civil, political, legal, and social words ‘indigene’, ‘indigene-ship’ or ‘indigeneity’.
rights simply by virtue of being a citizen of a State, city, or Etymologically, the word ‘indigene’ is derived to mean
nation. A citizen is a political agent who lives in a political ‘native’ or ‘borne within’. In other words, an indigene
community and has the freedom to act freely within the law. belongs to a particular heritage where his/her paternal
He also has the right to exercise his political rights and his ancestry could be traced to. Thus, by default of ‘patrilocal’
right to vote. 14 Iwuagwu defines citizenship as the ancestry of birth, a person becomes a native or an indigene
relationship that a person has to the state or nation in which of a particular place.19 The Greek terms ‘indo’ and ‘genous’
they are granted legal, social, and political rights as well as which respectively mean "inside" or "within" and "birth" or
obligations to fulfill social duties.15 A relationship based on "born" or "race," are the source of the English word
shared rights, obligations, and duties between an individual "indigenous." Therefore, a group of people with the same
and the State is another definition of citizenship. It is a way ethnic, traditional, and cultural background may be
for people to get involved in the governance of the nation described as indigenes of that particular area. So people are
and society, making it both an agency and a subject.16 naturally by birth an indigene of a particular place.20 People
According to Gasu, citizenship is a set of duties and or groups who identify as the original occupants of a
privileges that make a person a recognized legal person. He community or who can trace their ancestry back to the
went on to say that in exchange for the basic rights original settlers are commonly referred to as indigenous
guaranteed by a country's Constitution and legal system, a people.21
citizen is expected to have a minimum level of loyalty to the
community in which he lives.17 Additionally, the term "indigene" has been defined as a
member of the population that originally inhabited a certain
area and, as such, asserts ownership of that area.22
11
Chapter III, Sections 25-32 of the CFRN, 1999 (as According to Nigerian law, the term "indigene" is defined
amended) within the framework of the federal character principle,
12
S. G. Egwu, ‘Ethnicity and Citizenship un Urban which places emphasis on demonstrating through one's
Nigeria: The Jos Case’, A Thesis Submitted to the parents or grandparents that one is a member of a
University of Jos, April, 2004 (Unpublished) community that is indigenous to a state or local government.
13
O. Alubo, ‘Citizenship and Identity Politics in Nigeria’,
Conference Proceedings, (CLEEN Foundation, Lagos, Interdisciplinary Text (Lagos, Princeton and Associates,
Nigeria, 2009) 1-8 2022) 336
14
E. O. Uzowulu and B. Umeogo, ‘Indigeneship and the 18
T. C. Adetiba, ‘They Are Not From Our State: The
Nigerian State: A Philosophical Appraisal, (2021) (12) Politics of Citizenship; A Political Paralysis to National
(2) Nnamdi Azikwe Journal of Philosophy. 81 Integration and Development in Nigeria’, (April
15
E. K. Iwuagwu, ‘The Concept of Citizenship. Its 2013)(2)(II) International Journal of Research in Social
Application and Denial in the Contemporary Nigeria Sciences and Humanities (IJRSSH), ISSN: 2249 - 4642
Society’, available at 19
E. O. Uzowulu and B. Umeogo, ‘Indigeneship and the
https://www.researchgate.net/publication/327388390. Nigerian State: A Philosophical Appraisal, (2021)
Visited on 18/08/2022 (12)(2) Nnamdi Azikwe Journal of Philosophy. 81
16
Imam, & others, ‘Ethnicity and the Crisis of Citizenship 20
Ibid
in Post Colonial Nigeria. An Impediment to 21
M. Imam, & others, ‘Ethnicity and the Crisis of
Development (2014) (2)(02) IJSS and H1, 1033 Citizenship in Post Colonial Nigeria. An Impediment to
17
G. N. Gasu, ‘Citizenship Question Under Chapter III of Development (2014) (2)(02) IJSS and H1, 1023
the Constitution of the Federal Republic of Nigeria 22
Human Rights Watch. ‘“They Do Not Own This
1999’, in M. C. Ogwezzy, et al (eds) Constitutional Place”: Government Discrimination Against Non-
Law, Politics and Good Governance: An indigenes in Nigeria’, (25 April, 2006) AISOS

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Volume 8, Issue 12, December 2023 International Journal of Innovative Science and Research Technology
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This effectively implies membership in a local ethnic and
linguistic community.23 For Alubo, the term "indigene" Additionally, there are at least three perspectives on
refers to the attributed identity of being born in a specific political instability. The first strategy is to characterize it as
location into a particular ethnic group that is thought to have the inclination toward changing governments or regimes.
a "homeland" within the locality. It is synonymous with The second is to concentrate on the frequency of political
native, autochthon, and "son/daughter of-the-soil." Being a unrest or violent incidents in a community, like murders,
native of a place implies that one's ethnic group is able to protests, and so on. The third method concentrates on
identify a certain area as "native land," which could be a instability within policies as opposed to instability within
state or local council.24 regimes, i.e., the frequency with which basic policies
pertaining to, say, property rights are modified. 30
Conversely, being indigenous means that a group of
people can trace their lineage back to a specific area of land Political instability encompasses a range of events such
or territory before other groups often referred to as "settlers" as insurgencies, riots, coup d'états, civil wars, and disputes
or "late corners" ascended to power.25 On the other hand, among elites over the allocation of power and resources.
indigenousness is understood to refer to first-order These events have the potential to trigger various forms of
relationships between group and locality, typically on a mass violence.31 Inadequate government response to the
small scale. It sets native people apart from others by complaints of the people, or a portion thereof, can also give
implying possessions, "originariness," and a deeply felt rise to political instability. Depending on the situation, the
process of attachment and identification.26 Determining complaints may have an internal, external, or political
which group is indigenous in Nigeria versus others is far origin.32 Political instability can be classified into three
more difficult and contentious than in other parts of Africa. categories: mass, communal, and elite. Elite political
Among other terms that are comparable are "natives" and instability occurs when a military coup d'état is used to
"son of the soil." forcibly remove a member of the national or individual elite
who holds a leadership position in the political system of the
D. Political Instability nation. The goal of communal groups is to establish their
Political stability, on the other hand, is the capacity of a own political sovereignty by manipulating communal
people's government to share, gain, or contend for power political instability. When members of a mass group or
through peaceful political processes and to take advantage movement attack national elites violently in order to further
of the state's collective advantages and services;27 Political and maximize their clearly defined goals, this is known as
instability can then be defined as an unstable political mass political instability.33 Regarding ethnic conflicts, the
structure and the government's tendency to collapse quickly ICJ's Kenyan division34 wrote thus:
as a result of it; it can also refer to a crisis situation that
arises within the nation and can be brought on by a number Ethnic conflicts frequently manifest as intrusive
of factors, such as high crime rates, economic difficulties, or social and political groups or interest groups in
incompetence on the part of the government.28 Conflict can larger society. Simply put, the politicization of
also be the cause of political instability, or it can also serve ethnicity is one type of polity that tends to deepen
as the catalyst for conflict. Political instability, according to and widen rifts while provoking open questioning
the Oxford Dictionary, is a state of affairs in which a society of the foundations of the nation-state through
is likely to undergo abrupt change or collapse.29 symbols and myths. In today's political struggles,
classism and ethnicity have complicated the terms
of social conflict and made institutional reforms
23
A. O. Adesoji and A. A. Alao, ‘Indigeneship and
more challenging.
Citizenship in Nigeria: Myth and Reality’, (March
2009) (2) (9) The Journal of Pan African Studies, 159
24
O. Alubo, ‘Citizenship and Identity Politics in Nigeria’,
30
Conference Proceedings, (CLEEN Foundation, Lagos, Encyclopedia.com <https://www.encyclopedia.com>
Nigeria, 2009) 1-8 accessed on 4/4/2020
25
O. Oladeji, ‘Contested Localities: Indigeneity and
31
R.A Raji and E. I. Wahab, ‘Trends of Political
Citizenship in Nigeria’ (March 2015) available at Instability in Nigeria: The Way Forward’ (April, 2016)
https://www.researchgate.net/publications/323337539. (XIX) (1), Nigeria Journal of Social Studies, 51
Visited on 18/08/2022,
32
S. Adeyemi, ‘Conflicts and Political instability in
26
F. Merlan ‘Indigeneity Global and Local’ (2009) (50) Nigeria: A Crucial Discourse Introduction’, (2013) (2)
(3) Current Anthropology, 149 (10) International Journal of Advanced Research
27
United States Institute for Peace, Guiding Principles for Management and Social Science
Stabilization and Reconstruction .(Washington, DC:
33
H. Adefose, ‘Corruption, Political Instability and
2009), 8-89 Development Nexus is Africa: A Call for Sequential
28
IGI Global, ‘Political Instability’ available @ Policies Reform’ (2018), Munich Personal Repec
https://www.igi-gobal.com>dictionary>exporting- Archive(Nigeria) <https://mpra.ub.uni-
without-direct-access-to-international-markets/92620> muenchen.de/85277/> accessed on 6/4/2020
34
visited on 13/8/2022. KSICJ, Ethnicity, Human Rights and Constitutionalism
29
A.S Hornsby, Oxford Advanced Learner’s Dictionary, in Africa (The Kenyan Section of the International
International Students’ Edition (London, Oxford Commission of Jurists, Nairobi Kenyan, 2008) ISBN
University Press, 2010) No. 9966-958-18-5.

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Volume 8, Issue 12, December 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
III. THEORETICAL FRAMEWORK typically available to members of other groups and that are
essential to social integration and the observance of human
A. The Positivist Theory of Law rights within that specific group such as housing,
According to this school of legal theory, a law must be employment, healthcare, civic engagement, democratic
explicit, easily recognized, written down, and specify the participation, and due process is known as social
punishment in order to be recognized as such. The public exclusion.40 Social class, race, skin color, religious
must be well-informed about the law beforehand. The ideas affiliation, ethnic origin, educational attainment, and early
of Jeremy Bentham and John Austin, who conjectured that relationships can all be linked to feelings of alienation or
the existence of law is one thing and its merit and demerit disenfranchisement brought on by social exclusion.41
another, are the origins of positivist law theory. 35 The theory Affected people or communities are unable to fully engage
focuses on the definition of law as it is given by reference to in the political, social, and economic spheres of their local
a written law rather than moral or ethical consideration. The society as a result of social exclusion.42 This could lead to
positivist school of thought believes that for any law to be opposition from the marginalized groups manifesting as
regarded as law, it must be formal and must be known by protests, demonstrations, or lobbing.43
the people well in advance. The positivists' unwavering
belief is that all laws must be formally recorded, have a Theoretically, there are four correlated dimensions that
subject and a sovereign, and contain elements of sanction lead to social exclusion at the individual or group level: a
and command.36 An overview of Hart's descriptions of the lack of normative integration, limited social participation,
key components of legal positivism as (i) That legislation is material deprivations, and inadequate access to social
the sovereign's decree; (ii) that although morality and the rights.44 It is also a multifaceted process of progressive
law may occasionally overlap and have a casual social disruption that separates groups and individuals from
relationship, there is no absolute necessity for them to do so; institutions, benefits, and social relationships as well as from
and (iii) that a legal system is a "closed logical system," full participation in the standard activities that members of
meaning that, without reference to social goals, policies, or their society are expected to participate in.45 Given that the
moral standards, correct legal decisions can be inferred indigenous identity crisis is primarily about social exclusion
logically from established legal rules.37 and citizenship identity, this theory fits here very well.
People in the nation are prejudiced against one another
The main theme of this article is the Constitution of because of disagreements over who owns a community or
Nigeria, and accordingly, it is a command according to this occupations based on land. As a result, the "settlers" often
school of thought, and is therefore binding on all citizens; lose out on certain rights and privileges that should have
the legal positivist theory is pertinent to this article. All been granted to everyone, as the "indigenes" tend to do.
Nigerian citizens, both indigenous and settlers, are bound by
the country's laws, and everything they do must fall within IV. INDIGENEITY SYNDROME IN NIGERIA
its predetermined parameters.
A. Background of Indigeneity Syndrome
B. Social Exclusion Theory It is very difficult to divulge the influence of
One could say that social marginalization or exclusion colonialism from the origin of indigeneity in the present day
implies social disadvantage and being relegated to the Nigeria. Stated differently, before the arrival of colonialism,
periphery of society. This term, which originated in France there was no problem with indigenous peoples. The people,
in the late 20th century, has become widely used throughout towns, ethnic groups, and kingdoms that existed before the
Europe. Social exclusion is thought to result from the colonial overlords arrived have produced the Nigeria that
establishment of group monopolies, which are strong groups
that frequently exhibit distinctive cultural identities and
institutions and that use a process known as "social closure"
40
Adler University, ‘About’ (26 February, 2020)
to prevent outsiders from accessing valuable resources.38 It Institution on Public Safety and Social Justice, Adler
is applied in a variety of academic fields, such as sociology, University
psychology, education, politics, and economics.39
41
The Salvation Army, ‘The Seeds of Exclusion (2000)’
Available @ Salvationarmy.org.uk. Archived from the
The process of preventing someone from fully original on 27 August 2008. Retrieved 22 October 2017
accessing rights, opportunities, and resources that are
42
T. Wash, ‘A Right to inclusion? Homelessness, Human
Rights, and Social Exclusion’ (2006) (12) (1)
Australian Journal of Human Rights, 185-2014
35
C.C. Wigwe, Jurisprudence and Legal Theory 43
H. Silver, ‘Social Exclusion; Comparative Analysis of
(Readwide Publishers, 2011), 224- 225 European and Middle East Youth’, (September, 2017)
36
Ibid, 224 Middle East Youth Initiate Working Paper, 15.
37
H L A Hart, The Concept of Law (Oxford University 44
G. Joel-Gijsbers and C. Yeoman (2007) ‘Explaining
Press, 1961) Social Exclusion; A Theoretical Model Tested in the
38
H. Silver, ‘Social Exclusion and Social Solidarity: Netherlands’, The Netherlands Institute for Social
Three Paradigms’ (1994) (133) (5-6) International Research/SCP. Archived from the origin on 25/05/2019
Labour Review, 531-578 and retrieved on 10/09/2019. ISBN 978 90 377 03252.
39
R. Peace, (2001) ‘Social Exclusion: A Concept in Need Cited by Wikipedia, visited on 20/08/2022
of Definition’ (2001) Social Policy Journal of New 45
I. M. Young, Five Faces of oppression M. Adams
Zealand, 17-36 Justice (New York, Rutledge, 2002) 35-49

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exists today. For example, the old Oyo and Benin Empires, quarters," which were found throughout the nation,
Sokoto Caliphate-and may other socio-ethnic groups are particularly in the North. The Native Authority Law of
political organizations that had structures that were existing 1954, which defined the terms "indigene" and "non-
since time immemorial according to the demands of that indigene," was proof positive of their support for an ethnic
pre-colonial era. conception of citizenship. This was considered by the
colonialists to be a successful means of implementing their
According to Akintola & Yabayanze,46 in pre-colonial "divide and rule" style of government.51
times, the people of "Nigeria" were arranged into either
centralized or decentralized political structures. Among Before the protectorates were merged in 1914, the
other things, the centralized system featured kings, class colonial authority first created the Southern and Northern
divisions, administrative officers, rank-based privileges, tax Protectorates, ruling them independently with distinct legal
and tribute regulations, and more. Such a formal structure systems. In order to allegedly quell nationalism among
does not exist in the non-centralized system. There are Nigeria's elites and preserve colonial power, they also
people who are recognized and who operate within a system employed the "divide and rule" tactic, which strengthened
that is specific to them in terms of the defined interactions ethnic and regional sectionalism. According to Nnoli,52
they have with their neighbors in every part of modern-day
Nigeria. The assertion that "Nigerian ethnic communities The colonial government took advantage of every
were formerly geographically adjacent or engaged in a chance to propagate the myth that Nigeria and
significant amount of social interaction" is supported by the other countries were divided by history and
established cultural and linguistic affinities among the customs and did not share a common destiny. Its
numerous ethnic groups that comprise Nigeria.47 Before the goal was to protect each ethnic group's right to
arrival of colonization, there were intertribal marriages, preserve its unique political and social structures,
rivalries, and other cultural ties among the populace. as well as its identity, individuality, nationality,
and chosen system of government, which were
When the British imperial government first arrived on thought to have developed from the knowledge
this land, they encountered these political arrangements and and experience of its ancestors.
immediately began to subjugate the populace. 48 The official
division between indigenous and non-indigenous Oladeji53 agreed with Mandami’s analysis 54 of the
communities was established by the British colonial "divide and rule" strategy of the colonial native authority,
authorities49 in the methods used by colonial and post- which had a significant impact on the rise of indigeneity in
colonial administrators to administer the people. More Nigeria. According to Oladeji, first, the policy created a
precisely, politically charged ethnic categorization in "false consciousness" among the so-called indigenous
Nigeria originated with the Colonial Native Authority groups, who considered themselves as the natural successors
policy, which served the purpose of Indirect Rule. When the to the traditional stool of their communities and as extending
Native Authority Law defined a "non-indigene" or their inherited customary rights to the exclusion of non-
"stranger" as "any native who resides in the community's indigenous people by gaining political control over local
authority but is not a member," it established the first formal councils.55 Second, because the colonial government based
distinction between "indigene" and "non-indigenes."50 administration on traditional power holders who could assert
their authority by referencing historical events, it resulted in
To formally distinguish between indigenous and non- the politicization of town histories. Because of this, these
indigenous communities, the British Colonial authorities traditional power holders assert their indigenousness in order
were first. For instance, between the 1940s and the 1950s, to defend their administrative control over a region or to
they implemented a strict policy of residential obtain administrative independence from a Native
discrimination between "natives" and "settlers," as shown by
the so-called Sabon gari, or "strangers' or "non-natives'
51
ICG, ‘Curbing Violence in Nigeria (1): The Jos Crisis’,
46
O. Akintola & A. J Yabayanze, ‘Settlers-Indigenes (17 December, 2012) (No 196) Group African Report
Question in Nigeria: Much Rhetoric, No Answers’ (International Crisis Group, Dakar/Brussels, 3
52
(April 2017) (13) (11) European Scientific Journal, Nnoli, 2003 quoted in Akintola & Yabayanze, (n47)
369 369
47
A. M. Adejo, ‘Indigeneity and Belonging in Nigeria 53
Ibid, 369
from Pre-Colonial Times to 1960,’ Citizenship and 54
M. Mamdani, Citizen and Subject; Contemporary
Indigeneity Conflicts in Nigeria (Abuja, Centre for Africa and the Legacy of Late Colonialism, (Cape
Democracy and Development, November 2012) 54. Town; David Philip, 1996); M. Mamdani, ‘Beyond
48
Akintola & Yabayanze, (n47) 369 Settler and Natives Political Identities; Overcoming the
49
Human Rights Watch. ‘“The Do Not Own This Place”: Political Legacy of Colonialism’; Being Text of a paper
Government Discrimination Against Non-indigenes in presented at the Africa Unions First Conference of
Nigeria’, (25 April, 2006) AISOS, 5. Intellectuals from Africa and Diaspora (Dakar, 2004)
50
O. Oladeij, ‘Contested Localities: Indigeneity and 55
I. O. Oladeji, ‘Locality, Indigeneity and Citizenship
Citizenship in Nigeria (March 2015), 152, available @ Struggle in Nigeria’, an Unpublished MSc Dissertation
https://www.researchgate.net/publications/323337539./ Submitted to the Department of Political Science,
Visited on 18/08/2022 University of Ibadan, 2012, 12

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Authority.56 Thirdly, it gave rise to what has been referred to list of attractions.59 The national manifestation of the seed of
as "colonialism within colonialism" in regions where foreign indigeneity sown by the colonial masters began during the
governments and leaders were imposed by the colonial political crisis of 1951 in the Western Region of Nigeria.
powers. The Middle Belt's non-Hausa/Fulani communities The Action Group (AG) in the Western Region lost to the
and peoples were forced to live under the rule of the National Council of Nigeria Citizens (NCNC) in the House
Hausa/Fulani Chiefs by the colonial authorities. The people of Assembly election. Under an Igbo leader, the NCNC
of the East were also forced to submit to "Warrant Chiefs," which was regarded as a national party won 35 seats, while
presumably as a result of the absence of a pre-colonial the AG, a Yoruba political party, took home 19 seats.60 The
traditional structure that could have been modified to submit Igbo party defeated the Yoruba party in the Yoruba region of
to native authority rule. Autonomous agitations were Nigeria, and during the inauguration of the (Parliamentary)
sparked by the imposition of leadership and the combining government, and in order to frustrate Dr. Nnamdi Azikiwe –
of two or more groups under the supreme control of a single an Igbo from forming the Western Regional Government of
group member.57 As a result, rather than being united by the NCNC, some nocturnal moves were made and House
commonalities, the different ethnic groups are driven apart members elected under the NCNC cross-carpeted to AG so
by the deliberate policies of the Colonial administration, that AG could have majority to form the government of the
which heighten awareness of their differences. Western Region. This clear tribal and or ethnic scheme
caused Dr. Azikiwe to return to the East and displace Chief
According to Mohammed,58 Nigeria's history of Arikpo, a non-Igbo, of the same party and Dr. Azikiwe
colonization is the core cause of the nation's citizenship formed the Eastern Region government of the NCNC. Since
crisis. His justification is that the colonialists did not initially then, indigeneity and ethnicity have not stopped distorting
conquer and rule the nation as a single entity from a political and wrecking havoc in our national socio-political sphere.
and administrative standpoint. Around 1861, colonialists
started to establish themselves along the coasts. Lagos Odinkalu, however, asserts that the ethno-religious
became a colony in 1900 after King Docemo's forced treaty crisis in Plateau State has brought the entire issue of
of cession was signed. In the Protectorate of Western indigenous people in Nigeria into sharp relief and that the
Province, it established a distinct government by 1904. Igbo people's exclusion from politics and the civil service
Subsequently, the Western Province Protectorate and the began in the former western region. Subsequently, the
Lagos Colony combined. However, until the North and Sarduana would use it in the north to protect themselves
South Protectorates united in 1914 to form the nation of from southern dominance. Outside of Northern Nigeria, the
Nigeria, each entity was governed independently. As a result protracted hostilities in areas such as Ife-Modakeke (south–
of this arrangement, the indigenous people of the former west); Aguleri-Umuleri or Ezza–Ezeilo (south-east) or Ikot-
Protectorates saw one another as "aliens." Following the offiong (south-south), are all based on conflicting memories
union, the three Nigerian regions maintained their separate and claims made by indigenous settlers.61 However, Abdu's
legal frameworks and judicial systems. As a result, despite statement that six distinct residential settlements emerged
being a single nation, there are several legal frameworks and overall suggests that the colonialists intended for Nigeria to
judicial systems in place, including English Common Law, be divided from one another: (a) European Reservation
Native Law, and Islamic Law, which are applicable to Areas (ERA or GRA); (b) Bariki, Lebanese / Syrians areas
various national systems. A fortiori, the jurisdiction of these (found in Kano and Zaria); (c) Walled City, where the native
courts over individuals was determined by their nationality, people reside; (d) Tudun Wada, founded by the British for
even if they were Nigerian. those from the north who were not local residents; (e) Sabon
Gari, for the people who the colonial authorities referred to
Regrettably, the violent union of Northern and as "native," who were primarily southern Nigerian
Southern Nigeria marked the beginning of Nigeria's Christians; and (f) settlements of satellite villages. By July
federalism but also the beginning of the settlers-indigenous 1914, the Yoruba traders who had resided in Zaria since the
divide. There were increased differences amongst Nigerians 18th century had been forced to relocate to the newly
leading to ethno-political crisis especially in the post established Sabon Gari by the emir of Zazzua (Zaria).62
independent Nigeria. This state was accentuated by the
Richard’s Constitution of 1946 that introduced regionalism It can therefore be surmised that the British Colonial
in the body polity and same, inter alia, not only fostered regime perfected the sowing of the indigeneity crisis in
sentiments, allegiances, and sectional consciousness, but
they have also elevated the regions to the top of Nigerians'
59
A. Itumo, ‘Indigeneity and Citizenship Questions in
Nigeria: A critical Reflection’ (January 1. 2014) (6)
(1) Admin AJPAS Citizenship Question, Indigeneity,
56
Oladeji (ibid), 152 Reflection, 7
57 60
Ibid Akintola & Yabayanze, (n47)
58
S. A. Mohammed, ‘The Practical Application of 61
C. A. Odinkalu ‘Concerning Indigeneship: A
Indigene-ship and Place of Origin Derogates from a Response to Aliyu Tilde’, Daily Post of January 8,
Common Nigerian Citizenship and Violates 2023.
Fundamental Human Rights 1’. Available online @ 62
Dr Hussaini Abdu, Clash of Identities; State, Society
,https://ngfrepository.org.ng:8443/jspui/bitstream/12345 and Ethno-Religious Conflicts in Northern Nigeria,
6789/1973/1/NGF%B. Pdf. Visited on 12/04/2022 (DevReach Publishers, 2010) 66

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Nigeria be deliberately ensuring that there is no Nigeria had a brutal 30-month civil war between 1967
homogeneity amongst Nigerians in their residential quarters and 1970, following its independence, as a result of the
and locations, especially in Northern Nigeria where the then-Eastern Nigerian Region's attempt to secede from
Indirect rule was rife. The well-known Northern leaders of Nigeria. Prior to that, a string of political unrest brought on
the time, who also had a significant national influence on the by ethnic and religious politics played a part in the First
formation of the nation's early political life, enforced this Republic's sudden demise.68 Throughout the era of military
mindset. It was also practicalized in the Western Nigeria rule between 1966 and 1970, not much was recorded on
during the political crisis of 1951 and later spread to all indigeneity crises besides enactment of the Citizenship Act
corners of the country. The indigeneity syndrome in Nigeria (then Decree) of 1974. General Yakubu Gowon's military
was established by the colonial masters, who sowed the seed government established 12 states in Nigeria during the civil
that has resulted in the ongoing mistrust and unholy rivalry war, abolishing regional governments in favor of state
between the various ethnic groups in the country. creation, ostensibly to eradicate regionalism and enthrone
unitarism. The remarkable issue relating to indigeneity
B. Practice of Indigeneity in Post-Independent Nigeria within that period is creation of states, of which the people
Nigerians are responsible for maintaining the distinction agitated for and against the creation of some states and
between their indigenous and non-indigenous communities, citing of states’ capitals based on the indigeneship
despite the claim that the colonial authorities established the preferences. However, indigenousness received legal and
initial framework for it. Human Rights Watch claims that constitutional validation and legitimacy with the
most Nigerian communities draw boundaries between those establishment of the Second Republic in 1979 and the 1979
who are and are not eligible to hold chieftaincy titles in a Constitution. First, under Section 23 (1) (a) of the 1979
given area or to take part in traditional institutions of Constitution's Chapter III on Citizenship, which states as
governance by using the distinction between indigenes and follows -
non-indigenes.63 Additionally, indigenousness helps
communities maintain land ownership within their own The following individuals were born citizens of Nigeria
group. In fact, it is a reflection of these communities' efforts –
to maintain membership records by establishing a historical  Anybody born in Nigeria prior to the country's
link between each individual and the community through independence, regardless of whether their parents or
their family. grandparents were from an indigenous Nigerian
community.
Starting with the fact that Nigeria's first constitution,
the Independence Constitution of 1960, gave the three Furthermore, Section 135 (B) of the same Constitution
regional governments that were in power at the time further cemented the idea of indigeneity into Nigerians'
significant degrees of autonomy in an effort to reduce socio-political consciousness thus-
tensions between them is instructive. Additionally, each  There will be the Ministerial offices of the Federal
region has its own Constitution.64 However, with regional Government that the President may create.
government policies that discriminate against Nigerian  The President will appoint anyone to the position of
citizens who are indigenous to other regions but live within Minister of the Government of the Federation, provided
them in areas like employment and land acquisition, the that the Senate confirms the nomination.
issue of indigeneity began to take on greater significance  The President may appoint any person under Subsection
following Nigeria's independence.65 This is especially (2) of this section in accordance with Section 14(3) of
prevalent in northern Nigeria, where planned residential this Constitution; however, in order to give effect to the
areas maintained ethnic segregation in cosmopolitan cities. aforementioned provision, the President must appoint a
Southern residents had separate quarters in northern cities minimum of one Minister from each state, who must be
like Kaduna, Kano, and Jos.66 The overarching statistical an indigenous of that state.
pattern that has plagued Nigeria ever since was established
by the Northern Region's policy of the North for It is instructive to note that the 1979 Constitution
Northerners. By failing to oppose the discrimination, the deviates significantly from the 1963 Constitution in an effort
federal government implicitly approved of it, and as a result, to create a single citizenship model for the newly formed
over time, discrimination against non-indigenes in Nigeria country. The 1979 Constitution's two aforementioned
has gotten worse.67 sections actively promoted the idea of indigeneity. Despite
this, the terms "indigenous" and "community indigenous to
Nigeria" were not defined in the same Constitution.69

63
Human Rights Watch. ‘“The Do Not Own This Place”:
Government Discrimination Against Non-indigenes in 68
O. Olowojolu, & Others, ‘Indigene-Settler Relationship
Nigeria’, (25 April, 2006) AISOS, 77 in Nigeria: Case Study of the Community in Lagos’
64
Human Rights Watch (Ibid) (2016) (VII) (III) Agro Asia Journal of Social Sciences,
65
B. Kraxberger, ‘Strangers, Indigenes and Settlers: 2
Contested Geographic’s of Citizens in Nigeria,’ (April 69
S. A. Mohammed, ‘The Practical Application of
2005) (9)(1) Space and Polity, 19 Indigene-ship and Place of Origin Derogates from a
66
Ibid, 16 Common Nigerian Citizenship and Violates
67
Human Rights Watch, (n64) Fundamental Human Rights 1’. Available online @

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Accordingly, all State and Local Governments currently its failure ‘to make use of its many ethnic nationalities by
discriminate against Nigerian citizens within their deliberately constructing a national framework that
communities on the grounds of indigeneity, as mandated by prioritizes justice, equality, and social welfare for all people
the 1979 Constitution. In a nation where all citizens hold a and groups.74 It has been surmised that there are 3 major
single citizenship, citizens are categorized as either consequences of the citizenship dichotomy in Nigeria to wit,
"indigenes" or "non-indigenes." The Constitution's (a) The resultant unintended process of creating multiple
indigeneity clause is being exploited to justify prejudice pseudo-citizenships undermines the efforts to build the
against fellow Nigerians who belong to different linguistic nation, (b) It sounds like an attack on Nigerians' rights and
and ethnic groups and live in states that are "other than their liberties and (c) It leads to disputes and instability within the
own." A person must have been a member of an indigenous political system.75
community in their state as their parents or grandparents in
order to qualify as an indigene of that state. It is more To guarantee that inclusive citizenship is overlooked in
difficult for migrants and non-indigenes who live outside of favor of the limited definition of indigeneity, complex
their grandparents' hometown to claim Nigerian citizenship procedures are in place. Nigerian states award certificates of
than it is for the local indigenous population. This is due to indigeneity to their citizens in order to grant them access to
the fact that the native inhabitants of the areas where they opportunities and privileges (like jobs and scholarships) that
travel consistently exhibit attitudes or actions that serve as a are not available to non-indigenous people. The term
reminder to the so-called "settlers" that "this is our land, not "settlers" refers to other Nigerians, including those who may
your own."70 have been born and raised in a particular area; this practice
is at the heart of many civil unrest incidents in Nigeria.76
The application of the federal character principle is
another clause in the 1979 Constitution that highlighted the Regarding daily life access to resources and
issue of indigenous peoples. The recommendations of the opportunities, the differentiation between "indigenes" is
Constitutional Drafting Committee (CDC) in 1979, in crucial. Due to the two groups' actual disparate rights, there
advance of the 1979 Constitution's creation, included the is discrimination and unequal access to many essential
question of the federal character and the quota system. The aspects of life and human welfare. The effects were and are
Committee reasoned that it was important to provide a sense most noticeable in the areas of work and education, where
of identity and belonging for each ethnic group.71 This led to there is an unofficial two-tier system in place. For instance,
the creation of Section 14(3) of the 1979 Constitution, "non-indigene" students must pay higher tuition costs in
which enumerated the goals of the federal character as order to enroll in reputable public schools. "Non-indigenes"
guaranteeing that the complain of discrimination and harassment in their job
search, particularly in the federal government and civil
… composition of the Government of the Federation or service, where many senior positions are perceived as
any of its agencies, as well as how its affairs are effectively reserved for "indigenes," despite paying the same
managed, must represent Nigeria's federal character taxes as "indigenes."
and the necessity of upholding national unity and
loyalty. This will prevent the majority of people in that Some recent obstacles to the nation-building endeavor
government or any of its agencies from being from a stem from the differences between native people and
small number of states, ethnic groups, or other newcomers. This is due to the fact that being indigenous by
sectional groups. descent violates the Constitution and prevents settlers from
achieving full and inclusive citizenship in the community
Politicians used the aforementioned clause as a handy where they now call home. The government's caving in to
justification to maintain the citizenship-determining birth native attitudes against settlers is one reason why this
and descent standards.72 According to the 1979 discrimination has continued. In numerous instances, the
Constitution, a person is granted indigeneship of a state if government has fallen short of translating its rhetoric of
their parents, grandparents, or other family members are inclusive and full citizenship into reality. The distinction
indigenous to that state. The 1999 Constitution noticeably between settlers and indigenous people in contemporary
lacked this clause and made no attempt to define indigenous Nigeria brings this denial of citizenship into stark contrast.
peoples at all.73Therefore, in view of the state of the According to the Constitution, everyone in Nigeria is a
Nigerian legislations supporting indigeneity, the first blame
on the problem of indigeneity lies with the Nigerian state for 74
J. Nwanegbo and others, ‘Citizenship, Indigeneship and
Settlership Crisis in Nigeria: Understanding the
https://ngfrepository.org.ng:8443/jspui/bitstream/12345 Dynamics of Wukari Crisis’ (2004)(4) (1) Journal
6789/1973/1/NGF%B. Pdf. Visited on 12/04/2022 Research in Peace, Gender and Development (JRPGD),
70
O. Afolabi, ‘Migration and Citizenship Question: A 11
Study of the Beroms and Hausa/Fulani Conflict in Jos’
75
S. A. Mohammed,’ The Practical Application of
(2016) (10) (2) AJPSIR 2014.0739, pg 9 Indigene-ship and ‘place of origin Derogates from a
71
M. Imam and others, ‘Ethnicity and the Crisis of common Nigerian Citizenship and violates
Citizenship in Post Colonial Nigeria. An Impediment to Fundamental Rights (1)
76
Development’ (2014) (2) (02) IJSS & H1, 1039 O. Alubo, ‘Citizenship and Nation-Building in Nigeria’
72
Ibid (2004) (5) (1&2), Identity, Culture and Politics, 135-
73
Ibid, 1040 161, ( ISSN 0851-2014)

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citizen in theory, but in practice, one group is given rightly and the State issues him with the Certificate of
preference and the other is subjected to discrimination.77 occupancy, the original seller of the land is still referred to
as his “Landlord” In other instance, the area of land
C. Constitutional Implications Indigeneity-induced occupied by non-indigenes are also referred to as such to
Instability in Nigeria distinguish them from the original indigene or first settler.
It is inevitable to emphasis the link between the Although the Land Use Act was included in the Constitution
constitutional provisions and the lingering instability being as an existing law, traditional landowners view land as
occasioned by the indigeneity syndrome in Nigeria. This is something that must be used carefully.80 Several deaths and
predicated on the trite fact that law is the engine of the entire carnages has arisen from disputations over ownership of
human society, and the rule of law is the panacea to peace land between different settlers in almost all parts of Nigeria
co-existence amongst the human kind. All Nigerian citizens including Plateau, Benue, Taraba, Kaduna, Anambra, Delta
are guaranteed equal rights under the 1999 Constitution, and Osun States. The stories are the same in all these places.
which also outlaws discrimination thus, "No Nigerian
citizen shall be subjected to any kind of deprivation or  Employment:
disability only because of the circumstances surrounding his Part of the basic considerations for employment in
birth”.78 But the same Constitution also stipulated that Nigeria is that the applicant must state his place of origin.
federal character must be applied to government affairs in an This is because the majority of job opportunities are only
effort to foster national cohesiveness and unity as well as to available to natives; in the rare cases that non-natives are
prevent the majority of people from a particular ethnic group employed, their prospects for advancement are restricted,
or section in government: and they are only offered contract work. When things like
this abound, it explains easily why violent conflicts between
The Government of the Federation or any of its indigenes and non-indigenes are rife- because it is a winner-
agencies shall be composed and run in a way that take-all-fight. The fact that native residents of the region
reflects Nigeria's federal character, the necessity that became the new state face discrimination in the state
of fostering national unity, and the imperative to they once called home is extremely concerning when a state
command national loyalty, thereby guaranteeing is formed out of another state. Since they are now non-
that no state, ethnic group, or other sectional indigenes, they must be fired and asked to find employment
group will have a disproportionate number of in their home state. HRW claims that when non-indigenes
members in that government or any of its do manage to secure employment in the public sector, they
agencies.79 are either denied the opportunity to compete for government
positions or are unable to secure terms of service that are
Section 147(3) of the Nigerian Constitution, equal to those of indigenous people. Policies implemented
which requires the President to "designate a minimum by states that prohibit non-indigenous people from running
of one Minister from each State, who must be a native for federal positions also exhibit this discrimination.81
of that State," further supports this provision promoting
the federal character principle. Therefore, the Nigerian  Quota system:
Constitution put itself in a box by establishing both the Under this policy, States in Nigeria are entitled to a
institutionalization of discrimination and the equality of specific quota in appointment , job placement, admission to
all citizens. When the Constitution forbids federal higher institutions including military academics.
discrimination against any citizen in any way “while Quotas set for each state are exclusively reserved for the
implementing any executive or administrative action or indigenes of that State. Non-indigenes are of course, not
Nigerian law, “The federal character principles found entitled to represent the State where they live or reside
in the same Constitution, which permit discrimination irrespective of how long they have lived there. In fact, no
against citizens, were not reconciled with it. Regarding amount time will someone live as a non-indigene that can
indigeneity, prejudice against one person over what transform him to the status of an indigene in his place of
should be enjoyed by all citizens is the primary source sojourn. For instance, 45% of admissions to federal
of violent conflict and political instability. universities are determined by academic merit, 35% by
Discrimination based on race, national origin, parental catchment area, and 20% by state educational
status, and other narrow-minded factors against which deprivation.82This is clear act of discrimination against same
the following points are discussed below. citizens of one country.
 Land;  Admissions to Secondary and higher Institution
Land ownership is a critical matter in Nigerian and land There are very few spots available for non-indigenous
is one of the things that incentivizes indigeneity; nobody people seeking admission to government-owned secondary
wants the other to encroach on his land or sphere of
authority. The indigene consider it that the non-indigenes do 80
not belong to them and therefore are strangers in the land. S. 51(5) of 1999 CFRN (as amended)
81
Even when a stranger buys land from the indigenes out- Human Rights Watch (n64)
82
F. Omotoso and O. Oladeji, ‘Ethno Federal Polices,
Indigeneity and Citizenship Dilemma in Nigeria’s
77
Alubo, (ibid) Fourth Republic’;
78
S. 42.2 1999 CFRN <https:/www.researchgate.net/publication/323342991/
79
S. 14(3). Ditto S. 14 (4) for the State Governments >accessed on 18/08/2022,

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schools and higher education institutions. These spots are social dislocation, impoverishment and
also reserved for indigenous people. So, irrespective of how underdevelopment. The protection of people's lives and
long a candidate and his parents have domiciled in a State property is the fundamental function of government, and
outside their State of origin, they cannot be given the any government that fails to uphold this grave
priority opportunities that exist in their state of sojourn. responsibility is manifestly failing.
Their chances of gaining admission in government schools  Frustrates growth and development. Discrimination
owned by the government of their State of sojourn are little against non indigenes, especially in the area of land
or non existent. They are clearly discriminated upon and accessibility frustrate growth and development of any
asked to go to their state, for those benefits. Ditto to granting nation. Land that would have been made available easily
of scholarships in those schools and payment of School fees for all persons to enterprise on are then made difficult for
wherein the non indigenes pay more fees than the non indigenes to have for their business needs and
indigenes.83 agriculture. The aftermath is that the economy will not
thrive as it should and development is frustrated because
 Standing for election. investors will be sealed of setting up large scale
It is evident that although non-indigenes are free to vote businesses outside their ancestral place for fear that at
wherever they choose, they frequently cannot run for office any conflict their business are targeted.
in the state in which they are deemed non-indigenous. As at  Refugees and displaced person. Most times the
date, no State in Nigeria has produced a civilian governor aftermath of violent conflict is the displacement of
who has no parental link with the State. Even married persons who are then forced to become refugees and or
women are not spared in this regard; they are prohibited made to live in internal displaced person camps (IDP)
from contesting for offices in their husband’s State of origin. that are poorly equipped. It also stretches the
government who has to divert scarce resources to cater
All the above privileges which non-indigenes are
for the displaced persons at a huge cost. The government
deprived of are enough trigger for crisis especially in areas
and outside donors will be essential to the survival of the
where the so-called settlers know no other place as their
displaced people as well, as they have lost their source of
place of origin due to the fact that their ancestors settled in
income.
the area since time immemorial and they have lost touch of
the area their ancestors originally hail from. These non-  Distortion of educational programs. Indigeneity
indigenes of these various States are actually Nigerian induced violent crisis also affect the students when the
citizens, however their full citizenship rights are curtained in schools are destroyed or their homes and families are
favour of the indigenes in their State of sojourn. The worst causalities of the conflict. The kids cannot maintain their
case scenario is in places like Jos, Plateau State, where studies as a result and this distortion is unhealthy of
some settlers claim to have settled in the land since time youth development. Those children in IDP camps are
immemorial and that they do not know any other place as denied education or are offered poor quality education.
their place of origin. This category of settlers are  Seed of Discord. Another aftermath of violent ethnic
distinguishable from other Nigerians who merely travelled conflict is that the people develop high ultra-ethnic
for greener pasture but returns to their native place attachment and low inter-ethic relationship. The post-
regularly. This is the lot of the Igbos and other southerners war communities are naturally forced to live in
who, no matter how long they sojourn in a distant land, they suspicious of one another. For example in Jos, Plateau
still travel home seasonally for August meetings or State, there have been built a “Berlin wall” between the
Christmas celebrations, amongst others. domains of the natives and the Hausa/Fulani where the
none of the parties cannot cross over or live in, and vice
On the other hand, the implications of indigene-settler versa. Such is the barrier created in the aftermath of the
crisis on the country are legion.84 They are spread wide in violent crisis that rocked the city since 2002.
almost all geopolitical zones in the country and they have
suffered this indigeneity crisis at one time or the other V. CONTEMPORARY INDIGENEITY CRISIS IN
through out Nigerian history. The damages and havoc are NIGERIA
horrendous:
At some point, there have been violent conflicts
 Destruction of countless precious lives and resulting from the indigene-settler dichotomy in practically
properties. The violent conflicts between indigenes and every state in the federation. Countless number of Nigerians
settlers always leave havoc and destruction in its wake: have lost their lives in these conflicts, and the actual loss in
loss of precious lives, wanton destruction of properties, properties are innumerable; some of the resultant conflicts
took the shape of ethnic cleansing with displacement of
83
M. Imam, and others, ‘Ethnicity and the Crisis of peoples, homes, traditional token and institutions very rife.
Citizenship in Post Colonial Nigeria. An Impediment to The majority of indigenous conflicts frequently either feed
Development’ (2014) (2)(02) IJSS & H1, 1035 into or combine with violence that is committed by
84
B Ayobayo, ‘Towards the Attainment of a Lasting communities, tribes, or religions. The histories, causes,
Solution to Indigene-Settler Conflicts in Nigeria: Ife- patterns, casualties and government responses are similar.
Modakeke Crisis as a Case Study’ Available online @ Most government responses are in the setting up of panels of
https://www.academia.edu/20851470, visited on inquiries whose reports are hardly implemented. Most of
12/12/2022 these indigene-settler conflicts became blown up in post
independent Nigeria, and later post Nigeria’s 4th republic.

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Also, most of these conflict areas now have maintained an
abated peace because the people are tired of fighting and or There is persistent settler-indigene conflict in Plateau
due to government intervention. Nigeria have had more than State which reflect the longstanding sense of grievance the
enough dose of ethnic and indigeneity conflicts, and they Berom, Anaguta and Afizere ethnic groups nurse against
include the Aguleri/Umuleri conflict in Anambra State, their perceived treatment as second class citizen by the
Ife/Modakeke conflict in Osun State, Zango/Kataf conflict Hausa/Fulani. Invariably the BAA can be seen to be
in Kaduna State, Berom/Hausa-Fulani conflict in Plateau “reclaiming their rights” as indigenous people of Plateau
State, Bassa/Egbira conflict in Nasarawa State, State from the clutches of the Muslim dominated far North
Hausa/Fulani/Sawaya Conflict in Bauchi State, Jukun/Tiv whose action or inaction are seen as subjugation of the
conflict in Taraba/Benue States, Urhobo/Ishekiri conflict in indigenous people of the Middle Beltans. Quite conversely
Delta State, and many more. The common link between all too, the Hausa/Fulani are laying claim to ownership of Jos,
these cases is the matter of who is the native and who is the the Plateau State Capital and therefore have been aggrieved
settler, who owns the land as the landlord and who is the over their lack of access to power and resources despite
tenant, access to political powers and patronages, religious being the majority group in the biggest of the Local
differences, and sometimes, chieftaincy stools. Government, Jos North. There is also a sharp difference in
religion amongst the Hausa/Fulani Settlers - who are
Inter-communal conflicts worsened during the Fourth Muslims and the BAA indigenous people who are
Republic of Nigeria, resulting in the deaths of innocent predominantly Christians. Therefore, struggles over land
citizens in all of the member states. It turned out that since ownership, economic resources and political control tends to
Nigeria gained democracy in May 1999, the issue of be expressed not just in ethnic grounds but also in religious
indigenous people and settlers has become more pressing. terms. With the increasing conflict and violence, the people
The following are some of the crises brought on by the become more conscious of their ‘sub-national’ solidarity and
settlers-indigenes dichotomy85: allegiances and are more forthcoming in expressing them.89.

A. Jos, Plateau State The federal government of Nigeria actually did not
Plateau State is one of the States in Nigeria and is keep silence over the violent crisis in Plateau State. In 2001,
located within the north central geopolitical zone in what President Olusegun Obasanjo declared a State of Emergency
was formerly known as middle belt region. Plateau State is in Plateau State for six months from Tuesday 18th, 2004 and
made up of about 50 indigenous communities, about 100 thereby suspended the Governor and all the democratic
linguistic groups, and with about 40 spoken languages.86 structures for 6 months within which a military
Aside from the acclaimed indigenous ethnic groups of administrator was appointed to take charge of the entire state
Berom, Anaguta and Afrizere (BAA), other non indigenous in order to restore peace, Furthermore, between 2001 and
ethnic groups residing in Plateau State include the 2004, the government set up several panels of inquiry and
Hausa/Fulani, Igbo, Yoruba, Urhobo and others. The focus peace initiatives towards resolving the conflict in Plateau
here will be on Jos, the Plateau State capital - irrespective of State. They include.
the fact that there are yet other indigeneity conflicts in the
other parts of Plateau State. According to Afolabi, the Justice Niki Tobi Judicial Commission of inquiry into
Berom tribe constitute the major indigene of Jos, while the the Jos Civil Disturbances of dark Friday 7 th to 14th
Anaguta and Afizare are the minority indigenes in Jos town; September, 2001, which submitted its report in September,
the Hausa/Fulani are the major settlers in Jos, whereas the 2002
Igbos, Yoruba and the Urhobos are the minority non-  Hon. Justice C. Okpene, Federal Judicial Commission of
indigenes residing in Jos, Plateau State.87 Jos is the capital Inquiry into Communal Conflicts in Benue, Nassarawa,
of Plateau State and is known as Tin City due to the Plateau and Taraba States, 2002.
prevalence of industrial scale tin and columbite mines  Revd Dr. Panding Yamsat High Powered Committee on
between 1904 and the 1980s.88 Peace and Security in Plateau State submitted in 2002.
 Presidential Peace Initiative Committee on Plateau State,
headed by Alhaji Shehu Idris, Emir of Zazzau, submitted
85
O. E Akintola & A. J. Yabayanze, ‘Settlers-Indigenes in May, 2004.90
Question in Nigeria: Much Rhetoric, No Answers’ At the end, all these efforts seems to have made no
(April, 2017) (13) (10) European Scientific Journal,
impact because the government, both at the state and federal
370-371
levels, was not ready to arrest and charge culprits to court
86
International Crisis Group, ‘Curbing Violence in for trial. A fortiori, none of the reports and recommendations
Nigeria (1); The Jos Crisis’, (December 2012) African
Report No. 196, 1
87
O. Afolabi, ‘Migration and Citizenship Question in the degree of Doctor of Philosophy of the University of
Nigeria; A Study of the Berom and Hausa/Fulani Jos, 2004, 108 - 125
Conflicts in Jos’ (Feb, 2016) (10) (2) African Journal of 89
Ibid
Political Science and International Relations, pp. 8-15. 90
U. H. D. Danfulani, ‘The Jos Peace Conference and the
doi: 10.5897/AJPSIR 2014.0739 Indigene/Settler Question in Nigeria Politics (March,
88
International Crisis Group (n160); S. G. Egwu, 2006) African Studies Centre Leiden, 6-7
Ethnicity and Citizenship in Urban Nigeria: The Jos <https://www.ascleiden.nl/pdf/paper-Danfulani.pdf.
Case, 1960-2000, A Thesis submitted for the award of Visited on 5/9/2022

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submitted by these panels was published or gazette in a rule, Zango-Kataf was placed under the control of the Zaria
white paper for implementation.91At last the people resorted Emirate whose Hausa administrators treated the ethnic
to building a ‘Berlin Wall’ against each other as a way to Atyap population with contempt and brutality. As is the case
forestall further conflicts. in other parts of Nigeria, many Atyap people feel it is only
appropriate that all the benefits flowing to their local
B. Kaduna State government should go to them alone as the true indigene of
Kaduna State is one of the States in the North Western the area. Atyap’s rejection of their Hausa neighbours’ claim
geopolitical zone of Nigeria; it was the former political to indigene status is also aggravated by the belief that the
capital of Northern Nigeria until 1976 when it became a Hausa have an inherent penchant for dominating others and
State of its own. From colonial period to the contemporary seeks indigene status only in order to subdue and
times, Kaduna has maintained a reputation as a State with a marginalize the Atyap. 97
huge attraction; numerous tribes in Nigeria have settled in
Kaduna and called it their home for years.92 The State is also In 1992, Zango-Kataf experienced violent conflict
populated of person with religious and cultural diversity; between the Hausa and the Atyap over control of the market
Northern Kaduna is largely Muslims and Hausa/Fulani, in which over the Hausa community in Zangon-Kataf were
whereas the Southern part is home to over thirty different almost destroyed by their Atyap neighbours, and several
ethnic groups and are predominantly Christians.93Several other violet confrontation have taken place subsequently
deadly conflicts have occurred in Kaduna State since the between the two divides. Members of the Hausa Community
1958 conflict that took place in Kafanchan. Though, most of in Zango-Kataf complain of systematic discrimination by
the violent conflicts are religious inclined, there are also the majority Atyap local government officials who
numerous ethnically based conflict that has taken place in discriminate against them. According to HRW, members of
Kaduna State. the Hausa Community in Zango-Kataf said they saw the
attacks as evidence that their Atyap neighbours did not think
The issue of indigeneity in Kaduna State has added to that the Hausas had any right to remain in Zango-Kataf.98
the already volatile tension occasioned by the ethno- The conflicts, acrimony and mutual suspicious between the
religious disputation in the State. In Kaduna, there is open Hausa and the Atyap are still persisting till date, and are
discrimination against non-indigenes who are thereby placed more so because the state government have embraced
at severe disadvantage. In recent times, local officials in policies that openly discriminate against non indigenes, and
different parts of the State have aggravated sectarian tension those policies place people who are unable to claim indigene
by wrongfully refusing to issue indigene certificate to at a severe disadvantage.99
people who do not share their religion. Complaints over C. Taraba State
non-issuance of indigene certificate is widespread in some Taraba State is located in the North-Eastern region of
districts of Kaduna city, where Christian indigenes of Nigeria; Wukari is a town in Taraba State and doubles as the
Kaduna State complain that it has became impossible for administrative headquarters of Wukari Local Government
them to obtain indigene certificates in recent years.94 Area. in Taraba State. Wukari is also the traditional and
cultural headquarter of the Jukuns and many other minority
However, according to HRW, both Muslim and ethnic groups such as Alago, Agatu, Awe & Etilo. Wukari
Christian leaders in Kaduna State explained that the town was established earlier before colonization, i.e. as early
discriminatory practices in “their” local government areas as 17th century. The town represents the center of the Jukun
are a justifiable response to the marginalization they suffer people who are predominantly Christians, Muslims and
in areas outside of their control.95 Zangon Kataf, a local Traditionalist. The pre-colonial Jukun society was classified
government in Southern Kaduna is usually citied as the into two - the Jukun Wanu and Jukun Wapa. Jukun is also
clearest example of the absurdities and divisiveness of the the headquarter of Kwararafa Kingdom.100
indigene-settler divide. Zangon Kataf consists of principally
Hausa town called Zango surrounded by ethnic Atyap Cross-border migratory influences, religious and
farming communities. The Atyap are predominantly cultural contacts with others have nurtured some conflicts
Christians whereas Zango town’s Hausa are for the most between the Jukuns - who are known for their territorial
part Muslims. The Atyap and the Hausa have long been expansionist tendencies and the drive to acquire more
embroiled in a better argument about which group first subjects - and most of its neighbours. The conflicts within
settled in the area.96 the Jukun people is traceable to the colonial era with the
British divide and rule policy which affected Jukun people
According to HRW, the controversy over who the true to be and remain politically divided amongst themselves.
indigene of Zangon-Kataf are has a deep emotional The people were originally traditionalists until the
importance to both sides of the divide. Under the colonial
97
Ibid
91 98
Danfulani (Ibid) HRW (n64)
92
Kaduna State Government, ‘About Kaduna’ @ 99
Ibid
https:www.kdsg.gov.ng/ visited on 15/7/23 100
J. Nwanegbo, and others, ‘Citizenship, Indigeneity and
93
HRW, (n64) Settlership Crisis in Nigeria; Understanding the
94
HRW (n64) Dynamics of Wukari Crisis (Feb, 2014 ) (4)(1) Journal
95
Ibid Research in Peace Gender and Development (JRPGD),
96
Ibid Pg 12, DO1: http;//dx.doi.org/10.14303/jrpdg.2014.007

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colonialists brought Christianity, and the Fulani Jihadist Although, Lagos is primarily a Yoruba State, however due
conquest of the locality at the beginning of the 19th century to its cosmopolitan nature, all the ethnic nationalities in
that brought division amongst the people. The colonialist Nigeria are well represented in Lagos. Tribal or ethnic or
further subjected the area to be under the Sultanate Emirate indigenous nationality through accommodation and
in the early days of colonialism and thereby forced the non- inclusion of non- indigenous people in Lagos is what defines
Muslims to submit to the Islamic administrative Lagos for what it is as a pot pourri, a melting pot for the
government. ECOWAS sub-region.

No doubt that the Jukuns have experienced long years However, emerging from the fallouts of the 2019 and
of violent conflicts with their neighbours especially in the 2023 general election in Nigeria, the political consciousness
post colonial Nigerian State. The Jukun people of Taraba in Lagos has transcended the aborigines and migrant
State and their neighbor Tiv people of Benue State have indigenes to now include consideration of latter day settlers
hitherto lived in peace and harmony even before the advent like the Igbos and other non Yoruba migrants to Lagos. The
of colonialism. However, the current unrest between the Igbos are naturally enterprising and as a result of their
Jukuns and the Tivs are a by-product of previous colonial ingenuity, and economic interests, they are found in
and post-colonial inter-communal and religious experiences. virtually all over Nigeria - and the world at large - where
The British created a wedge between the Jnkuns and the they keep looking for spheres of influence. The Igbo,
Tivs in the well-known divide and rule policy of the whether educated or not, always exhibit the ‘I can do’
colonialist. The recorded conflicts between Jukuns and its attitude and will to succeed in any given task.103 It is a
neighbours especially the Tivs include the Tiv riot of 1959- known fact that after the civil war in Nigeria that took place
1960, 1991/1992, 2001 and 2002, the Jukun-Chamber/Kuteb between 1966 - 1970, many surviving Igbos migrated to
violence of 1999.101 The vestiges of carnage left on Wukari Lagos in search of greener pasture. It did not take time
town since almost a decade after the Tiv-Jukun conflicts before those Igbos were able to establish durable business
speaks volume of the socio-economic development of the ventures ranging from small to large scale enterprise. The
people. The 1994 Tiv/Jukun conflicts in Wukari led to the Igbos dominated markets like Alaba, Aspamda, Trade Fair
death of estimated 5, 000 people.102 According to the and Balogun; and that meant that they would dominate areas
Jukun, the Tivs are settlers, hence they have no entitlement like Ajeromi Ifelodun, Amuwo-Odofin, Oshodi, Isolo and
to any land in the Jukun Communities. Ojo residential areas around the major markets.104 However,
despite the sterling contributions of the Igbos towards the
It has been stated that the ethnic conflicts in economic growth of Lagos, the Igbos and, indeed all non –
1959,1980, 1990, 1991, 1992, 1994 and 2001 between the indigenes of Lagos States, especially non Yorubas, have not
Jukuns and the Tivs, Kutebs and Hausa settlers have had far commensurately enjoyed wide political representation in the
reaching effect on the Jukuns people. The popular use if state, ostensibly because they are non indigenes. But instead
indigene / settler as a means of discrimination or separating of growing in political interest, the non indigenes in Lagos
owners of the land from migrants has become a critical State, as also obtains in all the states of the federation, are
factor in Jukuns society, For the Christian / Jukun and the openly discriminated in political participation. Although,
Traditionalist, the Jukun / Hausa Muslims are settlers and relative to many other states of the federation, Lagos State
should be prevented from the playing central role in the has been more magnanimous in considering non indigenes
affairs of the Jukuns and or partaking in the opportunities for political appointments and offices. An excursion into the
meant for the Jukuns. On the other hand, the Jukun Muslims events of the 2015, 2019 and 2023 General elections in
or those with Hausa blood have equally strong claim to the Lagos will bring out this point of indigeneship in Lagos in
Jukun society as land of their paternal or maternal ancestry matters of general election.
and thus see themselves as equal stakeholders in all Jukun
affairs. These discriminatory tendencies over the years have The 2015 general election in Nigeria was a direct
led to the build up of accumulated grievances and tension contest between the All Progressive Congress (APC) and the
amongst the Jukuns. Thus, while the Christian / Peoples Democratic Party (PDP). The Presidential candidate
Traditionalist Jukuns occupy part of the town regarded as of APC is Mohammadu Buhari - whose running mate is
the main Jukun land, the Jukun Muslim/Hausa settlers Yemi Osinbajo, a Lagos ‘boy’. The Presidential candidate of
occupy the other parts regarded as the ‘settlers quarters’. PDP was then incumbent President Goodluck Jonathan -
who has the majority support of the Igbos. Therefore, the
D. Lagos State indigene-settler brouhaha reared up its ugly head prior to the
Lagos State, which was created on May 27, 1967, is one 2015 gubernatorial polls in Lagos. Because of the fear that
of the most populous cites in the world, and is a driving the influence of the Igbos in Lagos will bear on the result of
force in the political economy of Nigeria, It is unarguably the election, the Oba of Lagos, Oba Rilwan Akiolu
the economic capital of Nigeria. The State boasts of the threatened that all Igbos in Lagos will be drowned in the
busiest seaport, the busiest airport and the only stock Lagos lagoon if the Igbos fail to vote APC at the
exchange market in Nigeria. Most of the big foreign and
indigenous companies have office headquarters in Lagos. 103
O. Olowojolu, and others, ‘Indigene-Settler
Relationship in Nigeria: A Case Study of the Igbo
101
Nwanegbo (n101), 13 Community in Lagos’ (2016) (VII) (III) Afro Asia
102
S. Egwu, ‘Ethno-Religious Conflicts and National Journal of Social Science, ISSN: 2229 – 5313, 6
Question’, Sunday Guardian, January 25, 2009, 12 104
Olowojolu (n104) 9

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gubernatorial polls.105Of course, true to expectations, especially during the Owo War of 1825 and the various
Mohammed Buhari lost to Goodluck Jonathan in the 5 Ijesha invasions.110.
Lagos constituencies largely dominated by the Igbos in
Lagos.106 The 2019 general election in Lagos was also The first Ife-Modakeke crisis occurred between 1835
similar to what happened during the 2015 election. and 1849 and it resulted in the indigenes venting their hatred
However, the 2023 governorship election in Lagos State on the refugees due to the fear of their possible dominance
added extra gear to the indigeneity question in Nigeria, with of the indigenes.111 By 1852, the hostility has grown to the
Lagos natives threatening non – indigenes in Lagos to vote a extent that during the Ekitiparapos war, the Ifes aligned with
particular candidate whom the natives have chosen even the Ekitiparapos to fight the Ibadans, whereas the
when all the governorship candidate are Lagos indigenes. Modakekes teamed up with Ibadan to fight Ekitiparapos.
This new dimension of indigeneity portends grave danger to Also, in 1946, the Ife landowners began demanding more
the unity and development of the country. tributes (Ishakole) from the Modakekes than what they
bargained originally. The Modakekes opposed the increment
Incidentally. Lagos State has the Lagos State Residents and the resulting conflict lasted till 1949 when the
Registration Law of 2011, and the purpose is to integrate the Modakekes lost the case based on judicial decision by the
residents of Lagos State into the e-government initiatives West African Court of Appeal.112
and to enable the services provided by the government to be
fully utilized. The Law also established the Lagos State Another point of conflict between Ife and Modakeke
Residents Registration Agency (LASRRA) as the body was related to the creation of Ife East Local Government
created to enforce and implement the law.107 LASSRA gives wherein the Local Government headquarters that was
certificate to all confirmed residents of Lagos irrespective of initially cited at Modakeke was later relocated to Orie-Ogbo
ethnicity, which is a clear sign of the government’s policy of in Ife. This incident caused a very big violent conflict
inclusive pan-Lagosian civic culture and pride. Indeed, leading to several deaths and destruction of properties. Even
Lagos State currently has the most advanced residency as recent as in the year 2000, the dichotomy of ‘landlords’
policy in Nigeria, and also has the habit of having many and tenants’ erupted again between Ife and Modakeke. This
non-indigenes in senior political office – at the same time, it conflict also resulted in the death of over 2000 people,
has been deporting poor non-indigenes to their state of several injuries and properties were destroyed. 113 The
origin.108 conflict between Ife and Modakeke is unique in the sense
that the two groups are of the same tribe and culture, the
 Osun State point of divergence is in the rights and entitlement of the
The major flashpoint of note in indigeneity crisis in indigenes (original indigenes) as against latter settlers.
Osun State is found amongst the Ife and Modakeke people.
According to history, the Modekeke migrated and settled in E. Anambra State
Ife after the collapse of the old Oyo Empire in the 19th In Anambra State, this thesis will single out the conflict
century. Accordingly, two sets of people are found in Ife; between the Umuleri and Aguleri Communities in Anambra
the original settlers of Ife and the migrants Modekekes. This East Local Government Area; this is because identity based
began the intractable conflicts between the natives and conflict between these two communities dates back to the
migrants in Ife, Ogun State.109According to Ellis, at beginning of the last century. 114Aguleri-Umuleri conflict,
inception the relationship between the Ifes and the refugees just like the Ife-Modakeke is an intra-ethnic conflict. Both
was harmonious; the Ife Chiefs extended open arms to the Aguleri and Umuleri trace their descent to a common Eri
Oyo refugees because they are good allies during wars for ancestry. While the common ancestry could have been a
which the refugees provided military support to the Ifes reason for peace, the two communities are at war. While,
neither of the communities have denied the other as part of
the Eri ancestry, the problem between them is the question
of which of the two communities primogenital in the Eri

110
S. Ellis, ‘A Study of Ethnic and Spiritual Violence’,
105
Olowojolu, (n104) 10; This Day. April 7, 2015; O.M. cited in (April, 1995) (94) (375) African Affairs: The
Surajudeen, “ Ethnicity and Voting Pattern Nigeria’s Journal of African Regal Society, London
2015 General Election: The Case of Lagos State” 111
Ibid
(2015), A paper submitted to The Electoral Institute, 112
I. Albeit, ‘Ife-Modakeke’, in O. Otite and I. Albeit,
Abuja for the Conference on the 2015 General Election Community Conflict in Nigeria; Management,
in Nigeria. cited by Olowojolu, (ibid). Resolution and Transformation (Ibadan, Spectrum
106
Olowojolu (n104)12 Books, 1999),17
107
LASSRA, ‘Lagos State Residents Registration Agency’ 113
D. W. Augsburger, Conflict Mediation Across Culture:
available @ https://www.lagosresidents.gov.ng/ visited Pathway and Pattern (Alouisville, Kentuchy,
on 11/11/2023 Westminister, John Knox Press, 1992) 20
108
Premium Times, ‘A Street Perspective of the Citizen- 114
O. Ibeanu & P. Mbah, ‘Sub-Ethnic Identity and
Indigene Debate, By Nigerian Research Network’ Conflict in Nigeria: Revisiting the Aguleri-Umuleri
(February 10, 2014) Conflict in Anambra State’ in J. Ibrahim (ed)
109
A. G. Agbe, The Ife-Modakeke Conflicts in Nigeria Citizenship and Indigeneity Conflict in Nigeria (Abuja,
(Ibadan, University Press, 2001) 14-20 Center for Democracy and Development, 2012) 122

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heritage is superior. Their first recorded conflict took place attendant advantages and benefit of indigeneity to the
in 1904.115 Their point of conflict is on “who owns the exclusion of others.120Several hundreds of people were
land”, which was the aftermath of the contest of who has reportedly killed over the cause of several months in clashes
exclusive ownership of the area known as Otuocha. in 2003 over the delineation of electoral wards in Warri.121 It
According to Afigbo, the Otuocha land dispute between the can be said that poverty lies in the real cause of this conflict
Aguleri and Umuleri Communities exposed the role of because access to political power is a guarantee to benefiting
Europeans in creating and intensifying land disputes in from ‘system’. According to HRW, the dispute over Warri’s
Eastern Nigeria during the colonial era. The Otuocha land ownership is in large measure a struggle for control over
which is at the boundary between Umuleri and Aguleri was scarce economic resources. This is because very little of the
a case of grant and counter grant, sale and counter sale to the considerable wealth generated by the oil industry in and
Europeans of the same land which had, historically, been around Warri has trickled down to the ordinary citizens of
used by the two Communities in common without any the tow. Therefore there is a desperate lunge for a stake in
problems.116Two major conflicts between the Aguleri and the affairs of the town which is considered ‘as important as
Umuleri Communities were remarkable; the 1995 and 1999, life itself’.122
and the casualties were massive. According to the Nweje
Panel, private houses and properties destroyed in 1995 VI. CONCLUSION AND RECOMMENDATIONS
conflict were to the tune of over N3 billion, and damages to
public buildings was in excess of N232 million. The At the heart of most crisis facing the Nigerian nation is
material cost of the 1999 conflict was unprecedented, and the indigene-settler dichotomy wherein the original
looting also widespread.117 The Anambra State government inhabitants or indigenes of a locality square up against the
has had cause to intervene in the conflict by setting up a supposed settlers in violent conflicts over access to
judicial panel of inquiry headed by retired Justice Nweje economic and political resources The government and the
whose recommendations was never implemented. Constitution of Nigeria are, as well, complicit in the
imbroglio by virtue of the policies and the laws relative to
F. Delta State indigeneity. The country has been struggling to
In Delta State, the more pronounced indigeneity conflict accommodate its diverse ethnic, religious, lingual, cultural,
is between the dominant tribes of Ijaw, Urhobo and Itskiri; and other divides. Although, it seems that there are
with part of the focal point of the conflict being the question increasing flood of conflicts in every part of Nigeria, but the
of who came to Warri first- who owns Warri? Warri is the Nigerian government have neither displayed nor exercised
largest city in the southwestern Delta State and a major hub strong political will to address those conflicts conclusively
of the oil industry in Nigeria. There was violent conflict in with the requisite panacea hence they keep reoccurring.
1999 between the Urhobos and Itshekiri as part of the
simmering conflicts over Warri, amongst several other The issue of indigene-settler conflicts is a fairly recent
instances. It is a fact that the Ijaw and Itsekiri have lived phenomenon in the Nigerian polity and the root of this
together peacefully for centuries. However, besides the conflict is traceable to the history and impact of colonialism
impact of colonialism, the discovery of oil in the early 60s in Nigeria. Words like ‘indigene’, ‘son of the soil’, ‘non-
in the Niger Delta region created a new era of conflict indigene’, ‘settler’, amongst others, have become
especially in relation to land because a successful claim to meaningful and relevant in relatively recent times in the
ownership of land has the prospect of yielding great benefits politics of the Country. Indigeneity is merely an ingeniously
in terms of jobs and infrastructural benefits from the oil invented word used in Nigeria to define natives of a
companies and the government.118 particular place as distinct from other citizens of Nigeria
living in that same locality. It is an identity platform used to
Most remarkable is the Warri Crisis of 1997 target and discriminate against fellow citizens of Nigeria. As
occasioned by the fight to claim ownership of ‘Warri’, equal citizens of Nigeria, these Nigerians who find
wherein hundreds of people died, six SPDC installations themselves living outside of their ancestral lands feel they
were taken over and many causalities, including the death of should have the same access to opportunities, rights, and
over a hundred people, were recorded.119 Lastly, issue of privileges in the socio-political sphere as those who were
allocation of local government ward cum control of Warri – born there. On the other hand, the so-called indigenes
the largest cosmopolitan area in Delta State has been a big interpret the aspirations of the non-indigenes as a challenge
cause of conflict amongst the Ijaws, Itshekiri and Urhobos to their birthright, and as a result, there are violent conflicts
about which amongst the three groups are “truly” the that destabilize the political stability of the nation.
indigene of Warri – as against the others- with all the
Towards ensuring that every Nigerian is free to live
anywhere in the federation without interference, the
115
Ibid Constitution of the Federal Republic of Nigeria guarantees
116
A. Afigbo, Ropes of Sand; Studies in Igbo History and all citizenship rights to all Nigerians equally. Additionally, it
Culture (Nsukka, UNN Press, 2002) 90-93 defined Nigerian citizenship and the process for obtaining it,
117
Ibeano & Mbah (n228) 130-131 placing more emphasis on the parental than on the
118
O. Ikime, Niger Delta Rivalry; Itshekiri-Urhobo
Relations and European Pressure 1881-1936 (London;
120
Longman, 1969) 245; J.O.S. Ayomike, A History of Olowojolu, (n69)
121
Warri (Lagos, Ilupeju Press, 1998) Human Rights Watch (n64)
119 122
Ibid; Human Rights Watch (n 94) Ibid

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Volume 8, Issue 12, December 2023 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165
residential link. Even from the provisions of the same indigenous to Nigeria’, and the status of a person who has
Constitution that guarantees freedom against any form of no known ancestral home.
discrimination, even though they were born and raised in
that region, Nigerians whose parents or grandparents did not
originate from their home state find it extremely difficult to
be elected or even appointed to political office. The ubiquity
of these primordial attachments and sentiments as the
cornerstone of full citizenship has spread throughout Nigeria
and is now a conspicuous aspect of social interaction.

The Constitution's indigeneity clause is being exploited

to justify prejudice against fellow Nigerians who belong to
different linguistic and ethnic groups and live in states that
are "other than their own." As per the constitution, an
individual can only be considered an indigenous of a State if
their parents or grandparents belonged to an indigenous
community within that State. It is more difficult for
immigrants and non-indigenes who live outside of their
grandparents' hometown to claim Nigerian citizenship than
it is for the local indigenous population. This is due to the
fact that the native inhabitants of the areas where they travel
consistently exhibit attitudes or actions that serve as a
reminder to the so-called "settlers" that "this is our land and
not your own." By the way, the Constitution's tactical
support of indigeneity against universal citizenship and its
accruable rights emboldens the claimants to ownership of
the "native" lands.

The case of Nigeria is the more pathetic because the

migration in this instant is internal - that is citizens of
Nigeria moving to other parts of the same Nigeria, and
nobody from any part of the Country is forbidden from
embarking on a journey within or outside the Country. A
fortiori, in most cases, all the inhabitants and claimants of a
particular area are migrants - the only difference is their
respective time of arrival. The primary distinction between
the spate of migration in Nigeria is that while most of the
southern migrants still maintain ties with their ancestral
hometowns, the Fulani migrants do not. This explains why
the indigeneity battles are hottest in cases where the
Hausa/Fulani are involved such as in the middle beltan
states of Nigeria.

Finally, it is recommended for Nigeria to enact a

separate residency law that will specifically protect the
residency rights of all Nigerians living in any part of the
country outside their ancestral home. Residency, and not
indigeneity, should be made a standard for accessing
opportunities and public resources. The law should provide
that any Nigerian citizen that have lived in an area for any
specific number of years and performs all the attendant civic
obligations should be accorded residency rights in that area.
It is believed that the absence of a specific law regulating
the relationship between the indigenes and non indigenes in
every locality is the reason for the indiscretion, abuse and
discrimination being meted out to Nigerian citizens who
resides in places outside their ancestral home. A positive
law, such as the Residency Act or Citizenship Act, with
clear sanctions will go a long way in addressing the issues
that orchestrate indigeneity crisis in Nigeria, such as the
gender discrimination in transmission of citizenship through
spouses, the question of ‘belonging to a community

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