NJII Urges Presidency, N’ Assembly to Address Abuja Indigenous People’s Grievances

The Network of Journalists on Indigenous Issues (NJII), in collaboration with the MacArthur Foundation, has urgently called upon the Nigerian Presidency and National Assembly to address the long-standing grievances of the Abuja Original Inhabitants (AOIs). These grievances, stemming from the creation of the Federal Capital Territory (FCT) in 1976, include widespread land dispossession, inadequate compensation, forced displacement, political disenfranchisement, and cultural erosion. The call highlights the deteriorating human rights situation of the estimated 2.5 million AOIs, warning that continued neglect could lead to social unrest. NJII advocates for legislative reforms, a judicial inquiry into historical injustices, dedicated funding, and greater political inclusion to ensure justice and sustainable peace in the FCT.

The establishment of Nigeria's Federal Capital Territory (FCT) in Abuja in 1976, while a landmark national development, has cast a long shadow over the lives of its original inhabitants. For nearly five decades, the indigenous communities of Abuja have grappled with profound injustices, including the loss of ancestral lands, inadequate compensation, and systematic marginalisation. This enduring plight has recently drawn renewed attention, with the Network of Journalists on Indigenous Issues (NJII), supported by the MacArthur Foundation, issuing a fervent appeal to the Presidency and the National Assembly to urgently address these grievances.

This call underscores a critical legal and human rights challenge at the heart of Nigeria's capital. The situation, described as a "ticking time bomb," necessitates immediate and comprehensive institutional reforms to prevent further deterioration and potential social unrest. This article delves into the legal framework surrounding the FCT's creation and administration, examines the nature of the indigenous people's grievances, and explores the proposed legal and policy interventions aimed at achieving justice and fostering national cohesion.

The genesis of the Abuja indigenous people's grievances lies in the promulgation of Decree No. 6 of 1976, which established the Federal Capital Territory, Abuja. This Decree, now codified as the Federal Capital Territory Act, Cap F6 LFN 2004, vested all land within the FCT absolutely in the Government of the Federation, effectively extinguishing prior customary land rights. The intention was to create a 'no-man's land' as a neutral capital, but this overlooked the fact that the territory was already home to several indigenous ethnic nationalities, including the Gbagyi, Koro, Ganagana, Ebira, Gade, Bassa, Gwandara, and Nupe.

The Federal Capital Territory Act provided for the governance and administration of the FCT directly by the Federal Government, to the exclusion of any other authority. This framework, coupled with the broader provisions of the Land Use Act, Cap L5 LFN 2004, which vests all land in each state in the Governor to hold in trust for the people, created a complex and often disadvantageous situation for the original inhabitants. While the Land Use Act generally provides for compensation for unexhausted improvements on land upon revocation of a right of occupancy, the application of these provisions in the FCT has been contentious, with claims of inadequate or non-existent compensation for land itself and for cultural heritage. Successive administrations have been unable to satisfactorily resettle or pay adequate compensation to dispossessed landowners as promised, leading to decades of marginalisation.

The legal challenges faced by the Abuja Original Inhabitants (AOIs) are multifaceted, primarily revolving around land rights, compensation, and political representation. The Federal Capital Territory Act, by vesting all land in the Federal Government, effectively dispossessed the indigenous communities of their ancestral domains. While the Land Use Act, Cap L5 LFN 2004, governs land tenure across Nigeria, its application within the FCT has been a subject of legal debate, with some interpretations suggesting it does not apply in the same manner as in states, leaving the Federal Capital Development Authority (FCDA) as the sole grantor of rights of occupancy. This has often resulted in compensation being limited to improvements on land, rather than the land itself, and even then, payments have been described as inadequate, delayed, or entirely absent.

Reports indicate that despite Supreme Court rulings affirming the rights of the indigenous people, restitution for lands taken under Military Decree No. 6 of 1976 has not materialised. This gap between legal pronouncements and practical implementation highlights a significant failure in governance and justice delivery. Furthermore, allegations of corruption and fraudulent practices within resettlement schemes, where allocated houses and land titles meant for indigenes have ended up in the hands of non-natives, exacerbate the problem. The lack of political inclusion is another critical grievance; AOIs are unable to vote for a state governor or state House of Assembly members, and are denied benefits tied to state of origin, further entrenching their marginalisation.

In response to these issues, the NJII and other civil society organisations have proposed several legal and institutional reforms. These include the enactment of an Abuja Indigenous Bill to guarantee dedicated funding for education and healthcare, promote employment opportunities, and preserve indigenous languages and cultural heritage sites. There is also a strong call for a judicial commission of inquiry to investigate historical land seizures and injustices, with a view to ensuring adequate compensation or the return of ancestral lands. The push for constitutional amendments to grant the FCT full statehood, including an elected governor and a review of the Land Use Act, reflects a desire for greater self-determination and equitable governance. These proposals align with international human rights standards, particularly those concerning indigenous peoples' rights to land, self-determination, and cultural preservation, as articulated in instruments like the UN Declaration on the Rights of Indigenous Peoples.

The protracted grievances of the Abuja Original Inhabitants represent a significant challenge to Nigeria's commitment to justice, equity, and human rights. The legal framework, primarily the Federal Capital Territory Act and the Land Use Act, while foundational, has demonstrably failed to adequately protect the rights and interests of these communities, leading to decades of dispossession and marginalisation. The urgent call by the NJII and its partners for presidential and legislative intervention underscores the critical need for a paradigm shift in how the FCT's development impacts its indigenous people.

For legal practitioners, this situation presents opportunities in land law, human rights litigation, and legislative advocacy. Attorneys specialising in property law and constitutional law should closely monitor legislative efforts, such as the proposed Abuja Indigenous Bill and constitutional amendments, which could redefine land ownership, compensation entitlements, and political structures within the FCT. The emphasis on a judicial inquiry also signals potential for significant litigation concerning historical land claims and compensation. A just resolution for the AOIs is not merely a local issue but a matter of national importance, crucial for fostering peace, stability, and genuine national unity in Nigeria's capital.