THE CONCEPT OF STATE OF ORIGIN IN NIGERIA:
Section 15 (1), (2), (3), and (4) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, provides:
(1) The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.
(2) 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.
(3) For the purpose of promoting national integration, it shall be the duty of the State to:
(a) Provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation.
(b) Secure full residence rights for every citizen in all parts of the Federation. (Emphasis mine)
Section 15 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) promotes social integration and prohibits discrimination
on the basis of race and places of origin. For a fact, Nigerians are not so
much aware of the existence of this section in our constitution, because its
exact opposite suffices in every facet of our national engagement. No Nigeria
today is a citizen of his or her place of residence or of that of her husband (with respect to women), contrary to the intent and purposes of
Section 15 (2).
Today, and as it has always been, Section 15(3) (b) is not given effect consistent with the legislative intent of the drafters. In Nigeria, a child born and nurtured in Lagos State, or River State, or Sokoto State whose parent migrated from Either Imo, Ogun or Edo State is not considered native of River, Lagos, or Sokoto State as the case may be. Women are mostly affected, because they are still considered non-natives of the state of origin of their husband, in spite of the fact that these women, long ago, packed their belongings and bid permanent fare-ware to their loved ones.
Today, and as it has always been, Section 15(3) (b) is not given effect consistent with the legislative intent of the drafters. In Nigeria, a child born and nurtured in Lagos State, or River State, or Sokoto State whose parent migrated from Either Imo, Ogun or Edo State is not considered native of River, Lagos, or Sokoto State as the case may be. Women are mostly affected, because they are still considered non-natives of the state of origin of their husband, in spite of the fact that these women, long ago, packed their belongings and bid permanent fare-ware to their loved ones.
To put it succinctly: A married woman is part and parcel of the state of origin of her husband, assuming of course that she lives with her man in that particular state. Any argument to the contrary must be rejected by Nigerians.
We must stop finding excuses to evade challenges on national issues that appear insurmountable - PIB, State of Origin Concept, Federal Character, True Federalism, Resource Control, State Police, etc, etc, etc.
Where is the man in us, or the intellectual in us, or the sovereignty in us, if we as a nation-state and as a people are too timid and too politically incorrect to confront national questions that directly and indirectly impact the Nigerian Project adversely?
By the way, Mr. Akinwumi Adesina, the former Federal Minister of Agriculture, now President of the African Development Bank, did more for Kano State as a Minister, than any state in the western region where he comes from originally.
Finally, the rationale for Sec 15 was to promote unity and cohesion
in the body politics - to ensure social-cultural integration and economic empowerment. The intent is very clear - to preempt discriminatory practices. Therefore, it is beholding of us lawyers to educate the general public on the position of the law on a given issue. Granted, every constitutional provision is subject to interpretation; nevertheless, Section 15 of the 1999 Constitution, as amended, is objectively clear on the integration philosophy and intent.
Alex Aidaghese
Alex Aidaghese
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