By Barr. Oluwatosin Selomeh Ogunlana In recent times, there has been some controversy around the issue of indigeneship in Lagos State. Usin...
By Barr. Oluwatosin Selomeh Ogunlana
In recent times, there has been some controversy around the issue of indigeneship in Lagos State. Using Badagry as a case study, it is worth asking: who is truly an indigene?
The 1999 Constitution (as amended) recognizes Nigerian citizenship, but it does not give a clear definition of who qualifies as an indigene of a particular community.
Traditionally, indigeneship is traced through paternal lineage. If your father is from Badagry, you are ordinarily regarded as an indigene of Badagry.
But what happens when it is your mother or grandmother who hails from Badagry, while your father’s roots lie elsewhere? Can such a person also be recognized as an indigene of Badagry?
From both law and practice, indigeneship is not only about ancestry; it is also about acceptance by the community. Belonging and recognition by the people of a place are just as important. This means that while paternal ancestry is the default route, it is not the only route. A strong maternal or grandparental connection, coupled with community acceptance and a valid indigene certificate, can also ground a claim to indigeneship.
So, in the case of Badagry, an indigene could be:
1. Someone whose father is from Badagry; or
2. Someone whose mother or grandmother is from Badagry, provided the community recognizes them as one of its own; or
3. Anyone who has been issued a valid indigene certificate by the Local Government.
This conversation matters greatly because it touches on identity, belonging, fairness, and the rights of Nigerians whose roots cross state or ethnic boundaries.
Importantly, the National Industrial Court in Njoku Fidelia Ada & 3 Ors v. Attorney General of Abia State & 2 Ors (NICN/OW/45/2018) addressed the discriminatory use of the term “non-indigene.” The court held that the term is not recognized by the Nigerian Constitution and that its usage in public documents is unconstitutional. The judgment emphasized that such classifications demean our diversity and violate Section 42 of the Constitution, which guarantees freedom from discrimination.
In essence, referring to anyone as a “non-indigene” is not only offensive but unconstitutional — especially where such a person holds a valid indigene certificate. It is a clear affront to the right to equality and dignity under Nigerian law, and it is an actionable wrong in court.
As we continue to build inclusive communities in Lagos and beyond, it is crucial that indigeneship is not used as a tool of exclusion but as a means of affirming identity, history, and belonging. History teaches us that we thrive when we embrace openness, kinship, and shared heritage. Let us move beyond labels that divide and instead focus on what unites us: our shared humanity, our shared Lagos, and our shared Nigeria.
It's time we drop needless controversies and focus on what truly matters to the growth and development of our community.
I am Oluwatosin Selomeh Ogunlana
A Badagry Born, Lagos, Nigeria Based Commercial Lawyer.
No comments