The locked horn battle between the Umbrella family of Merit AKA, “Paper Certificate” and Indigene/ Native (son of the soil) as a standard of social qualification can be summed up as “child of inherent doom, coursed to rivalry since Childbirth”. While Merit stands as the challenger, utilizing its stronghold of scholastic knowledge, supported by civilization and globalization, INDIGENE is renowned for its prejudices, favoritism, biased and Sentimental tactics. As a prefix, diagnosing the merit/ indigene Nigerian phenomenon, becomes necessary considering international states practices, global ideological metamorphoses and the need to stand out as a civilized nation in the 21st century. Such diagnosis however, shall endeavor to trace the historical antecedent incidental to the firm IDEOLOGICAL GROWTH vis-à-vis its political and economic impact on Nigeria as a federal Structure.
Ordinarily, the term Indigenous People refers to those who have inhabited and made their living directly off the same land from time immemorial. It’s a natural phenomenon, in born, originating in and naturally living, growing, or occupying in a region or country. In the general African parlance, especially in Nigerian setting, an indigene of a particular place is a person who can trace his or her ancestor back to a community of people who were among the original inhabitants of that place. It is not uncommon for a typical Nigerian in determining an indigene, by simply looking back to history, to primordial times, before civilization even came to Black Africa. Indigene or Native, is a creation of God. It is the fulfillment of Gods law for one to be born into or be a native of a place. Thus, it is by birth one can claim heritage and belonging to one particular place or the other. This is the thrust of section 25 of the Nigerian Constitution(1999)-
(i) the following persons are citizens of Nigeria by birth, namely
(a)-every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belong to community indigenous to Nigeria.
It is without doubt that similar provisions as of the above give root and relevance to indigeneity and the fervent claim to a community, tribe or ethnic groupings.Regardless, the constitution was quick to add in section 14(3 & 4)
* (3)… the composition of the government of the federation or any of its agency
and the conduct of its affairs shall be carried out in such a manner as to
reflect the federal character of Nigeria and the need to promote national
unity, and also to command national loyalty, thereby ensuring that there
is no predominance of persons from a few states or from a few ethnic or
other sectional groups in that government or other of its agencies.
*(4)…the composition of government of a state, a local government council, or any
of the agencies of such government or council, and the conduct of the affairs
of the government or council, or of such agencies shall be carried out in such a
manner as to recognize the diversity of the people within its area of authority
and the need to promote a sense of belonging and loyalty among all peoples of
Federation.
It is supposed that the above provision is capable of loosing the influence of indigeneity in the affairs of the federation through promotion of national unity, loyalty and oneness. However, this has not been so. The controversy is further inflamed by section 55 which expressly named just three (3) amongst the over 250 ethnic group. It reads:
The business of the national assembly shall be conducted in
ENGLISH, and in HAUSA, IBO and YORUBA…
It is thus submitted that going by the legal canon of interpretation ; expressio inius personae vel rie, est exclusio alterius- the express mention of one person or thing is the exclusion of another- the named ethnic nationality are thus, regarded as the only ethnic nationality indigenous to the Nigerian Federation. In a multi-ethnic and diversify federation like Nigeria, such provision fan the flame of ethnic prejudices and therefore a surplus to the constitution. This is so, in that the constitution further added…
…when adequate arrangements have been made therefore.
It is thus recommended that such arrangement can also be made to further the recognition of the “ the other languages indigenous to the Nigerian federation” especially as a means of conducting the affairs of the National Assembly when appropriate arrangement can be made. This is one ambit of the constitutional rivary.
NOW, the question has been asked, what does the indigeneity claim has to do with Merit? Suffix it to say that, Merit in this context, entails one who possesses qualification in a chosen field, a person with a high degree of skill in or knowledge of a certain subject and can be regarded by the Nigerian law as an expert in that field of study. At a glance, such person without hesitation, is seen as “hot cake” within the Nigerian labour market; with the freedom to work anywhere he chooses within the Nigerian land scape either as a government functionary or as private corporate employee. In this vein, section 15(2) was inspirational when it opted:
Accordingly, national integration shall be actively encouraged Whilst
Discrimination on the grounds of place of origin, sex, religion status,
Ethnic or linguistic association or ties shall be prohibited.
The above provision in conjunction with other anti discrimination provisions contained in section 42(1a & b) and 42(2), section 21(a), have in a manner limit the play of indigenous prejudices.
In a nutchell however, resolving the rivary existing between the concept of MERIT and INDIGENE is imperative considering issues such as, the appointment of persons in the service of the federation, for instance see section 147.
(1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President.
(2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.
…Provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigeneof such State.
Another critical example is that of admission into the Nigerian higher institution of learning-where universities, regardless of the strainious post matriculation entrance examination, channel 80 % of their admission slot to INDIGENES OF THEIR AREA(see university of benin, Delta state university, university of portharcourt, university of calabar etc 2010 admission -, Award of scholarship and other national benefit. The major culprits in this feud are the married women who tend to lost patrilinean indigeneity as soon as they get married. The women face the dilemma of not being able to claim the nativity of their spouses and at the same time looses their patrilinean nativity as a married woman. This is a major catastrophic dilemma brought about by the indigene dichotomy and the constitutional prophesies.