Plateau court adjourns hearing on appeal against Hausa indigeneship ruling

A Plateau State High Court sitting in Jos has adjourned until October 29, 2026, further proceedings in the appeal challenging the judgment recognising Hausa people born and raised in Jos North Local Government Area as indigenes of the area.

Justice C. Donglong fixed the date on Friday after hearing arguments on a preliminary objection over the appearance of a new legal team representing the respondents in the matter.

The appeal followed the court’s June 9, 2026, judgment, which held that a Hausa person born and raised in Jos North Local Government Area is entitled to be recognised as an indigene of the area.

The decision arose from a suit instituted by Fatima Baba Akawu and her father, Baba Alhaji Akawu, against Jos North Local Government Council after the council declined to issue Fatima an indigene certificate.

The claimants had asked the court to determine whether Fatima Akawu, by virtue of her birth in Jos North to a father they described as a bona fide indigene of the area, was entitled to an indigene certificate despite her Hausa ethnic origin.

They also sought a declaration that the council’s refusal to issue her the certificate, while granting her a residence certificate and issuing an indigene certificate to one Dung Bot, of Berom ethnic origin, on the same date, amounted to discrimination in violation of Sections 42, 15 and 17 of the 1999 Constitution (as amended), as well as Articles 2 and 3 of the African Charter on Human and Peoples’ Rights.

In addition, the applicants argued that Baba Alhaji Akawu’s status as a recognised indigene of Jos North and his previous service as a member of the House of Representatives representing the constituency in 1983 entitled his children, including the first claimant, to indigene certificates.

At Friday’s proceedings, counsel to Jos North Local Government Council, Garba Pwul, SAN, challenged the appearance of a new legal team representing the respondents, arguing that the lawyers were not originally on record and had failed to comply with the Plateau State High Court Rules governing a change of counsel.

Pwul contended that Order 52 of the court’s rules requires parties to file a formal notice of change of counsel before new lawyers can take over representation in an ongoing matter.

Responding, counsel to the respondents, Yakubu H., SAN, maintained that every litigant has a constitutional right to engage counsel of their choice.

He argued that the judgment had been delivered in favour of the respondents and that Fatima Akawu and her father were entitled to engage separate legal teams because they are distinct parties in the suit.

Following submissions by both parties, Justice Donglong adjourned the matter until October 29 to rule on the preliminary objection before proceeding with the substantive applications seeking to set aside the June 9 judgment.