By Ikenna Okoli, SAN

Uzodimma “Uzo” Oladele Okonkwo was born in Lagos just before the onset of the Nigerian/Biafran civil war. During the civil war, his father, who was married to a Yoruba woman, followed his wife to her village in present-day Osun State, where he remained until the end of hostilities. Meanwhile, Uzo’s father was born in Lagos, lived his entire life there, died, and was buried there.

Uzo has also resided in Lagos State all his life. He has businesses in Lagos State that employ over 70 people, pays his taxes, and owns real estate in the state. Incidentally, Uzo has no affiliation with Abia State, from which his grandfather first moved to Lagos. He does not own any property in Abia State and, on his own, cannot get to his “village” in Abia State. Yoruba is the only Nigerian indigenous language that Uzo can speak. Uzo has his own children, all born in Lagos State; none have been to Abia State; none can speak Igbo, but all bear Igbo first names and an Igbo surname.

By now, you are probably wondering where this narrative is leading. The story concerns events that typically occur during election periods in Lagos State. Suddenly, references would be made to the benevolence or otherwise of “hosts” and the ingratitude or otherwise of their “guests”.

I think it is, therefore, imperative for us to examine the Constitution’s position on this issue and to propose better options for a more peaceful coexistence among the different nationalities that make up the Nigerian State.

Section 41 (1) of the 1999 Constitution of the Federal Republic of Nigeria, provides that: “Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.”

Section 42 (1) (a) of the Constitution provides as follows:

  • A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person-
  • be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not subject; …

From the foregoing, there is absolutely no basis whatsoever why any ethnic group in Lagos State should patronise the other by alluding to being magnanimous hosts. The same goes for every other State in Nigeria, irrespective of the mindset of the people and those in power.  An action was instituted against the Abia State government for sacking so-called non-indigenes from the Abia State civil service on that basis.

A very critical question at this point is: what should determine the State of origin? What is Uzo’s state of origin? What is the state of origin of his children? Should it be Abia State, for which they have no affiliation and present connection, or Lagos State? What about naturalised Nigerians and their children? Which state would the children of naturalised Nigerians claim for indigeneity purposes? The practical way out of this quagmire is to simply do away with the State of origin and replace it with the State of residence. Everyone should be able to take full advantage of the place where he/she lives and pay taxes.

The present system is so unjust and illogical in many ways. Take this scenario. Uzo’s children are in class with other children born and living in Lagos State. However, one has parents who moved to Lagos State from Zamfara State, whilst the other has parents who moved to Lagos State from Ondo State. If they sit for entrance exams to Federal Government colleges, they will all be required to score different marks to gain admission. That is so illogical.

Now, coming to Lagos State, the state is peculiar, having been the Federal Capital for many years. That makes the case more compelling to do away with the issue of indigenes and non-indigenes. Lagos State was developed with federal funds, attracting people from far and near, just as Abuja has been doing. Some of the major drivers of Lagos State’s economy, such as the Murtala Muhammed International Airport, could have been located elsewhere if Lagos had not been designated the Federal Capital.

As for Ndigbo, my take is that the rest of Nigeria is estopped from complaining about them and barely tolerating them. The Igbos sought to leave this Union some years ago. The rest of Nigeria fought to keep them in the Union against their will, so why patronise them in any part of Nigeria? We have opted to be a country called Nigeria, and for now, we are all citizens of Nigeria and entitled to live and work in any part of Nigeria, with all the rights available to everyone as a Nigerian, irrespective of ethnicity.

Ikenna Okoli, SAN, Surulere, Lagos

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