On Friday 27 August 2004,The Guardian newspaper carried a news account entitled "Zamfara Bans Non-Indigenes from Public Schools". It was commenting upon actions taken by that state towards non-indigenes in its educational policy. The State's Commissioner for Science and Technical Education, Alhaji Aliyu Muhammed Tukur, speaking to reporters on 26 August 2004 stated, whilst constituting a committee to screen non-indigenes from candidates seeking admission into post-primary schools, stated, " …We are not going to admit any non-indigene in our public schools. Until when we obtain a vacant number after admitting the indigenes, then we can afford to give the admission because we want to first satisfy the needs and aspirations of our people…" (sic)
This development was part of a publicly ventilated approach adopted by Zamfara State ostensibly to improve its policies in relation to the education its "indigenes". The two-tier system that the state government now operates is such that it provides tuition-free education for its indigenes whilst requiring non-indigenes to pay school fees. For completeness, non-indigenes in state boarding secondary schools are to pay N25, 000 per term, whilst day students are to pay N10, 000. It gets worse for the "foreigners". Male school students are to pay N5, 000 whilst their female counterparts are to pay N10, 000.
In simple terms, the policy stinks. It is an encapsulation of the exact opposite of everything that National Integration and Unity, a theme that has been propagated by every constitution and every government in the history of Nigeria, even the Military Governments since independence in 1960, represents. It is unjustifiably discriminatory and completely unsustainable. The rationale behind this policy, as explained by the Commissioner, is that it is designed to enhance the educational needs of Nigerians from Zamfara State. This explanation is both tame and unpalatable. It is extremely disturbing to consider what the consequence of this kind of action could be if it is reciprocated elsewhere.
The action of Zamfara State is unarguably unconstitutional. This is beyond question but lest its protagonists contemplate an ill-articulated response to this position, Section 18 (1) of the 1999 Constitution provides that Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all level. Section 42 provides that no citizen of Nigeria or of a particular community, ethnic group, place of origin, sex, religion or political opinion shall 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 made subject or be accorded either expressly by, or in the practical application of, any law enforcing in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religion or political opinions. Section 40 (2) provides that no citizen of Nigeria should be subjected to any disability or deprivation merely by reason of the circumstances of his birth. Finally, section 41 gives constitutional licence for every citizen of Nigeria to move freely throughout any part of Nigeria and to reside in any part thereof. Implicit in this licence is the right to study in any part of the country.
NAS, as a national and international organisation with membership deriving from all 36 states in the Country is gravely concerned by the actions of Zamfara State. It was this kind of action that gave root to our work in 2002 when, on 25 March 2002, we sent to the House of Representatives, a draft Bill for an Act of the National Assembly to provide for the integration and indigenisation of Nigerians (and Foreigners) into States and communities wherein they reside, carry on business and/or are married in Nigeria. We advocated in the draft Bill that there should be three ways by which a Nigerian can acquire indigenous status in any state other than the state of birth. The first would arise by birth; the second by settlement and residence in any other state of the Federal State for a period of 10 years or more and due performance of all duties as a citizen of Nigeria in that other state. The third would be by marriage. A citizen who is legally married to another citizen who is an indigene of the State other than the state from where he/she originally hails shall be deemed to be an indigene of that state in addition to his being an indigene of any other state. That Bill did not make the anticipated progress through the House of Representatives because the House, at that time, indicated that it would have to be sponsored as a private members Bill.
Let us consider some of the background that may be relevant in putting this development in its proper context. Zamfara State was created on 1 October 1996 by General Sani Abacha. It was carved out of the old Sokoto States. It has a population of approximately 2.5 million. It is bounded by Sokoto State in the North; Niger and Kaduna States on the South; Kebbi State on the West, and Katsina State on the East. The occupation of the people of the State is primarily farming. It produces food crops. It is not known to have or produce any minerals. It is clear, evidently, that it relies for its sustenance, on funds disbursed to it, like every other state, from the monthly allocation from the Federation Account to which the State itself contributes very little. In effect, it bears correspondingly little responsibility for generating the resources that it is now seeking to deprive the non-indigenes resident in Zamfara State of.
The significance of this analysis is that the policy that Zamfara State contemplates is one that is designed to exclude and ultimately prejudice non-indigenes who reside in the state. It is a position of abject insensitivity because it is isolationistic in outlook and offensive in its approach. It is a policy that is steeped in myopic small mindedness because it completely disregards integral nature of the "Nigerian Project", that is, the very project enshrined in the preamble to the 1999 Constitution in which the people of the Federal Republic of Nigeria (including the architects of this diabolical policy who, on taking their oaths of office swore to uphold the same constitution) firmly and solemnly resolved to live in unity and harmony as one indivisible and indissoluble Sovereign Nation, dedicated to the promotion of good Government and Welfare of all persons in the Country and the principles of Freedom, Equality and Justice and for the purpose of consolidating the unity of our people.
Many of those affected by the actions of Zamfara State are indigenes that know no other home and have helped build the communities that metamorphosed into that state. Those in Zamfara State have given no thought to the consequences of reciprocal action against the indigenes of Zamfara State elsewhere in Nigeria. But, of course, NAS does not believe that any responsible state government would follow suit for this kind of governmental indiscretion is very difficult to replicate.
NAS believes that it is time to consider seriously, a bill with the ramifications of those that we contemplated in 2002. The philosophy of those proposals went to the very root of the problem and has the capacity to strengthen, in many respects, the hand of "non-indigenes" in various states of Nigeria who have contributed to the growth of communities that they have resided in for long periods, without actually hailing from those communities. It will act to arm those non-indigenes with a legal basis upon which to challenge their whimsical and unlawful maltreatment by those who claim, rightly or wrongly, that the land belongs to them. We are confident that is only by giving active effect to the tenor of a Bill of this nature that acts such as those emanating from Zamfara State can be contained.
In reality, Zamfara State has done us all a favour. It has opened our eyes to the unilateral and unrestricted licence that a state government can have in producing laws that are at total variance with 21st Century Political Integration Principles. NAS is sure that this is an isolated example but every effort must be made to confine this kind of retrogressive thinking to those that have escaped from Zamfara State. In reality, Zamfara State has done us all a favour. It has opened our eyes to the unilateral and unrestricted licence that a state government can have in producing laws that are at total variance with 21st Century Political Integration Principles. NAS is sure that this is an isolated example but every effort must be made to confine this kind of retrogressive thinking to those that have escaped from Zamfara State.
Signed:
ANDREW OBINNA ONYEARU
NAS Capone
National Association of Seadogs (NAS)
September 2004
