Constitution Alteration (Indigene Status by Birth) Bill

What Is This Policy?

The Constitution of the Federal Republic of Nigeria, 1999 (Alteration) (Indigene Status by Birth) Bill, 2025 is a proposed constitutional amendment introduced in the House of Representatives on 6 February 2025. Sponsored by Deputy Speaker Hon. Benjamin Okezie Kalu and six co-sponsors, the Bill seeks to amend Section 31 of the 1999 Constitution by inserting new subsections that expand and formalise the legal criteria by which a Nigerian citizen may acquire indigene status in a state. The Bill directly responds to the absence of a clear constitutional definition of indigeneity, which has allowed state and local governments to arbitrarily deny long-term residents access to employment, scholarships, appointments, and political office on the ground of being a non-indigene.

Who Does It Target?

Nigerians’ resident in states other than their state of origin who are currently denied social, economic, and political rights available only to recognised indigenes Women married to indigenes of a different state who lack a clear constitutional pathway to claim indigene rights in their husband's state Long-term taxpaying residents who have lived in a state or local government area for 10 or more years but remain classified as settlers or non-indigenes Local Government Chairmen and state governments, who under the Bill would process and issue formal Certificates of Indigeneship Employers, public institutions, universities, and political parties that rely on certificates of indigeneship as eligibility criteria for appointments, scholarships, and candidacy

What Does It Aim to Achieve?

Establish a clear, objective, and enforceable constitutional definition of indigene status, replacing the current arbitrary practices by states and local governments Promote national unity, equity, and inclusiveness by ensuring all Nigerians may fully participate in civic and economic life in the state where they reside and pay taxes End systemic discrimination against settlers and long-term non-indigene residents denied government jobs, scholarships, and elective office solely based on state of origin Align Nigeria's constitutional framework with international human rights standards prohibiting discrimination based on birth or origin, consistent with Nigeria's treaty obligations Provide women who marry across state lines with equal constitutional protection and recognition as indigenes in their marital state

Key Features

Birth and Residence Criterion: A Nigerian citizen qualifies as an indigene of a state if born in that state and continuously resident there for at least 10 years; or if not born in the state, but resident in a Local Government Area for at least 10 continuous years with evidence of tax payment in that state for the same period Certificate of Indigeneship: Qualifying persons may apply to the Local Government Chairman for a formal Certificate of Indigeneship, creating a clear administrative pathway to legal recognition Marriage Pathway: A woman married to an indigene of a different state for at least five years becomes constitutionally recognised as an indigene of that state, entitled to all rights and privileges in employment, appointments, and elections Protection on Dissolution of Marriage: In the event of divorce or death of spouse, a woman retains her acquired indigene status if children were born of the marriage, or if she elects to remain an indigene of that state Amendment of Section 318: The Bill also proposes to amend Section 318 to formally align the constitutional interpretation of indigene with the new criteria introduced in the amended Section 31

Current Status

Legislative Progress: First Reading: 6 February 2025; Second Reading: 26 March 2025 (passed); referred to House Committee on Constitution Review as part of the broader Sixth Constitutional Alteration exercise Public Consultation: Bill scheduled for public hearings across all six geo-political zones of Nigeria; citizens, civil society groups, and state governments were invited to submit representations to the Committee NILDS Assessment: The National Institute for Legislative and Democratic Studies (NILDS) submitted a Bill Analysis Report identifying risks of double or multiple indigeneship and flagging concerns about implementation at state level Withdrawal: On 29 July 2025, Deputy Speaker Kalu withdrew the Bill, citing public concerns, the NILDS report, and the need for deeper stakeholder engagement before the provisions are re-introduced National Debate: The Bill generated significant controversy; critics raised concerns about ethnic and demographic implications, particularly regarding political representation in Lagos and other major cities; supporters argued it addresses a longstanding national injustice

How to Access

Affected Citizens & Residents: Track the Bill's progress and participate in public hearings via the National Assembly portal: nass.gov.ng; contact the House Committee on Constitution Review with written submissions Women Seeking Marriage-Based Indigeneship: Should the Bill be re-introduced, applications would be submitted to the Local Government Chairman in the husband's state, supported by documentation of marriage duration and residency Long-Term Residents: Qualifying persons would apply to their Local Government Chairman for a Certificate of Indigeneship, providing evidence of 10-year continuous residency and tax payment records from the relevant state Contact: House of Representatives, National Assembly Complex, Abuja | Committee on Constitution Review: nass.gov.ng | NILDS: nilds.gov.ng

Important Terms

Indigene Status: A designation currently conferred by state and local governments based on descent or origin; not defined in the 1999 Constitution, leading to discriminatory and inconsistent application across Nigeria Certificate of Indigeneship: An official document issued by a Local Government Chairman confirming indigene status; widely required for public employment, university admissions, appointments, and political candidacy across Nigerian states Section 31 of the 1999 Constitution: The provision governing citizenship; the Bill proposes to insert new subsections (2) to (5) to extend this section to cover acquisition of indigene status by birth, residence, and marriage Section 318 of the 1999 Constitution: The constitutional interpretation section; proposed to be amended to formally define indigene in alignment with the new criteria introduced in the amended Section 31 NILDS: National Institute for Legislative and Democratic Studies, the research and technical advisory arm of the National Assembly, whose critical assessment contributed to the Bill's withdrawal for further consultation

Impact & Metrics

Nigeria's 1999 Constitution does not define indigene, despite Sections 25 and 42 guaranteeing equal citizenship and prohibiting discrimination, Section 318(1) has been interpreted to institutionalise nativist rights, producing a two-tier system of Nigerian citizens Millions of Nigerians living outside their state of origin are routinely denied government scholarships, public sector employment, appointments, and political candidacy solely based on not holding a certificate of indigeneship from their host state Nigeria has over 250 ethnic groups and extremely high internal migration; cities such as Lagos, Abuja, and Port Harcourt host large populations of long-term residents classified as non-indigenes despite paying taxes and contributing economically for decades Globally, 50 economies still prevent women from transferring citizenship or origin status to foreign spouses on equal terms with men; this Bill was among Nigeria's first legislative efforts to address gender inequality in state-of-origin rights

Official Resources

Website: nass.gov.ng | nilds.gov.ng | naltf.gov.ng Bill Reference: HB. 2057,\ Constitution of the Federal Republic of Nigeria, 1999 (Alteration) (Indigene Status by Birth) Bill, 2025 Contact: House of Representatives, National Assembly Complex, Three Arms Zone, Abuja | Committee on Constitution Review, National Assembly, Abuja Summary prepared using the Policy Summary Template | Source: HB. 2057 Order Paper (6 February 2025), NALTF, Sahara Reporters, Independent Newspapers, The Nation Newspaper, ThisDay Live, Citizenship Rights in Africa Initiative, NILDS | March 2026

Legal Framework

Constitution of the Federal Republic of Nigeria 1999 (provisions being amended); Citizenship and Immigration Act; Electoral Act 2022; Land (Registration) Laws