For decades, the question of who owns Jos and who qualifies as an indigene has remained at the heart of political debates, communal tensions and historical contestations in Plateau State. In this report, CHOLLOM LOGWOM revisits landmark court judgments, commission reports, government white papers and peace accords that collectively shaped the official position on the indigenous status of the Berom, Anaguta and Afizere peoples, while also clarifying the distinction between citizenship rights and ancestral claims to the land
The question of the ownership and indigenous status of Jos has been the subject of several commissions of inquiry, government white papers and court judgments over the years.
One of the most significant judicial pronouncements on the issue came from the Plateau State High Court in the case of Agwom Atang Azi & Another v. The Governor of Plateau State & 4 Others, Suit No. PLD/J 334/2003, decided on 13 February 2009 by Hon. Justice Y. B. Nimpar, as she then was, now a Justice of the Court of Appeal.
The case was instituted by Agwom Atang Azi and another plaintiff against the Governor of Plateau State and four other defendants.
The suit sought judicial affirmation and enforcement of the findings of earlier government-established commissions of inquiry into the Jos crises and the government white papers arising from those reports.
A central finding of the court, quoted directly from page 22 of the judgment, stated: “Another established fact is that the 3 tribes of Berom, Anaguta, and Afizere are the indigenous tribes of Jos North. This was made out by the evidence of all the witnesses, also by exhibit 2, which has the force of law.”
One of the most important documents relied upon during the proceedings was Exhibit 2, known as the Plateau Resolves—the Report of the Peace Conference of all Ethnic Groups in Plateau State, 2004. The document had been gazetted as Gazette No. 2 of November 11, 2004.
According to pages 30 and 31 of the gazetted report, an indigene of Jos was defined as a person whose ancestors were natives of Jos “beyond living memory.”
The document expressly recognised the Afizere, Anaguta and Berom (Birom) as the three indigenous ethnic groups of Jos, listed in alphabetical order. Other ethnic groups, including the Hausa-Fulani, were recognised as citizens of Jos but not as indigenes.
Judicial endorsement of earlier findings
In reaching its decision, the court effectively gave judicial endorsement to the findings and recommendations of several previous commissions of inquiry established to investigate recurring crises in Jos and other parts of Plateau State, as well as the government white papers that adopted their recommendations.
Among the commissions referenced were the Aribiton Fiberesima Commission established after the 1994 Jos crisis, the Niki Tobi Commission which investigated the 2001 Jos crisis, the Bola Ajibola Commission on the 2008 crisis and the 2004 Plateau Peace Conference whose report became known as the Plateau Resolves.
The findings of these commissions consistently maintained that the Afizere, Anaguta and Berom are the indigenous tribes of Jos and Jos North.
While recognising the constitutional rights of all Nigerian citizens residing in Jos, the reports distinguished between citizenship rights and claims of indigenous ownership based on ancestral ties to the land.
The reports further acknowledged that the Hausa-Fulani and other migrant communities had lived in Jos for many years and were entitled to the full rights and protections guaranteed under the Constitution of the Federal Republic of Nigeria.
However, they did not accord them indigenous status in relation to ancestral ownership claims.
The government white papers issued after the commissions accepted these findings and recommended that the reports be published and made available to the public in the interest of peace, understanding and clarity.
The findings of the Aribiton Fiberesima Commission later became the subject of litigation. The District Head of Du challenged the validity of the commission and its proceedings before the Plateau State High Court in Suit No. PLD/J382/91.
On April 6, 1996, the High Court dismissed the challenge and held that the Governor of Plateau State possessed the legal authority to establish a commission of inquiry.
Supreme Court validation
The matter proceeded to the Court of Appeal, Jos Division, in Appeal No. CA/J/76/99. On November 22, 2000, the appellate court affirmed the judgment of the High Court.
The dispute was eventually taken to the Supreme Court of Nigeria. In a judgment delivered on April 24, 2009, the apex court affirmed the decisions of both the High Court and the Court of Appeal.
The lead judgment was delivered by Justice Walter Samuel Nkanu Onnoghen, JSC, who later became Chief Justice of Nigeria. Other members of the panel included Justice Mahmud Mohammed, JSC, among others.
Justice Yargata Nimpar’s judgment treated the findings of the various commissions as established facts supported by evidence and recognised in law. The decision reinforced the position that the Berom, Anaguta and Afizere possess indigenous status in Jos North and the customary rights associated with that status.
The judgment also reflected recommendations made by earlier commissions. The Niki Tobi Commission, for instance, advised the Hausa-Fulani community to “accept the ownership of Jos by the Afizere, Anaguta, and Berom tribes” as part of efforts aimed at promoting peaceful coexistence and lasting peace in Jos and Plateau State.
Logwom is the Secretary-General of the Berom Educational and Cultural Organisation, BECO