Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene - Politics - Nairaland
Nairaland Forum › Nairaland General › Politics › Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene (917 Views)
| Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 7:32pm On Aug 09, 2025*. Modified: 1:47pm On Aug 10, 2025 |
Recently, Rotimi Amaechi stated his intention to amend the Nigerian Constitution to make every Nigerian a citizen of the place they live. While this sounds like a bold reform, anyone familiar with the Constitution will recognize that such a change is largely unnecessary—because it already prohibits discrimination based on place of origin. The real challenge is not the law itself, but the lack of enforcement by government institutions. One of the clearest examples of this failure is the persistent discrimination in tuition fees at state-owned universities. Section 42 of the Nigerian Constitution explicitly forbids discrimination based on community, ethnic group, place of origin, sex, religion, or political opinion. Yet, institutions like Kaduna State University (KASU) charge non-indigene students significantly more—₦20,000 extra per academic session—compared to indigenes. This discriminatory practice continues largely because the Supreme Court has yet to issue a decisive ruling on this common issue. The Constitution states: “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion, or political opinion shall not, by reason only that he is such a person: (a) 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 other citizens are not made subject; or (b) be accorded, either expressly by, or in the practical application of, any law or executive or administrative action, any privilege or advantage not accorded to other citizens.” This constitutional guarantee means that charging different tuition fees based solely on indigeneity is illegal. But without active enforcement, such discrimination continues unchecked. To tackle this injustice, non-indigenous parents and students—ideally freshmen who are just beginning their academic journey—should consider suing discriminatory institutions. Freshmen are preferable candidates because the disruption to their education is minimized if they must transfer schools or if litigation delays their studies. Successful legal challenges would compel universities and governments to abide by constitutional equality, setting important precedents to end tuition discrimination. Beyond litigation, states could adopt residency-based tuition policies that are constitutionally sound. Unlike indigeneity, which ties rights to ancestry, residency reflects actual community membership. For example, in the United States, states set residency requirements—often two years with supporting documentation—to determine eligibility for in-state tuition. Applying a similar model in Nigeria could provide a fair and enforceable way to allocate tuition rates, respecting both equality and local interests.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Osebanjo(m): 7:52pm On Aug 09, 2025 |
You guys have to rest about this indigenous stuffs and all. It’s not as if many of you lots will take it lightly becoming a stranger in your own aboriginal land. Even Australia, Canada and e.t.c are all recognizing the aborigines and doing everything to make up for years of wrongdoing. There’ll rather be no peace than for indigenous people not to enjoy the benefit of their own land. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by helinues: 7:55pm On Aug 09, 2025 |
That was a political statement. Amaechi is only trying to press some people's blokos |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 8:06pm On Aug 09, 2025 |
Osebanjo:Irrelevant we are talking about Nigeria not Australia. Their laws and history dont apply here because the constitution here hasn't been amended. There's no logical argument for discriminating against residents of the state paying same taxes to uphold the institution. Notice I have nothing to say of out if state residents or foreigners that pay a different rate. helinues:Probably but its a good teaching moment. People should notice these politicians are ignorant about basic facts and should stop blaming the constitution for every societal issue. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by helinues: 8:07pm On Aug 09, 2025 |
Blue3k:Amaechi has been reckless lately as he has nothing to lose. He's just being politically clever |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 1:41pm On Aug 10, 2025 |
The most interesting thing about any future reforms is that an indigene who lives outside their home state and hasn’t reestablished residency would be charged the same as any other non-resident. This would essentially make indigene nonindigene distinction only matter in terms of federal charter character. No candidate has said they want to end it so I wont get into it. Borrowing from U.S. state models, the rule could be: Minimum continuous physical presence in the state for at least 2 years before the first semester. Proof required (at least 3 of the following): • Utility bills in applicant’s or parent’s name • Lease or property ownership documents • State tax payments or local government levies • Employment verification in the state • Attendance at a school in the state • Voter registration in the state |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Ibrahimcoomasie: 1:46pm On Aug 10, 2025 |
Blue3k:Where in Nigeria are you from? Our cattles need grazing lands. I would like to take up indigeneship in your land. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 1:51pm On Aug 10, 2025 |
Ibrahimcoomasie:You dont need indigene status to own land. Read your constitution. How do Nigerians own land in multiple states if that were the case.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 1:53pm On Aug 10, 2025 |
Blue3k: Blue3k:You are contradicting yourself. In addition, US recognizes aboriginal indigenous status and tribal nations. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 1:55pm On Aug 10, 2025 |
adamusuleiman1:Not a contradiction. Australia laws dont apply here because our laws and history is different. The USA does apply because our laws are similar because the states aren't allowed to discriminate against their citizens. Equal Protection Clause (14th Amendment) – Prohibits states from denying any person “equal protection of the laws,” which includes discrimination in education. Civil Rights Act of 1964, Title VI – Bars discrimination on the grounds of race, color, or national origin in any program receiving federal funding, including public universities. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 1:58pm On Aug 10, 2025 |
Blue3k:You are still not getting it. Blue3k:Metropolitan State University of Denver is a public institution and there are several like that across different state offering free tuition to indigenous Americans aka Red Indians.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Raskimonojendor: 2:04pm On Aug 10, 2025 |
adamusuleiman1:There are 574 federally recognized tribes/aboriginal nations in the US. Most, if not all, universities in the US across different states offer them either zero tuition or reduced tuition. They are the real Omo onile. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 2:07pm On Aug 10, 2025 |
adamusuleiman1: Raskimonojendor:You're still not getting it bringing up irrelevant things that dont apply to Nigeria. Native Americans are treated as a different nations. Nigerians arent according to our laws because this place wasn't settled through conquest of the natives. Apples to oranges comparison won't help you if you're too lazy to read about history or laws of both countries. The reason is that, under U.S. constitutional law, Native American status is generally treated not as a racial classification but as a political one tied to membership in a federally recognized tribe. This comes from the fact that Native tribes are considered sovereign nations with a unique government-to-government relationship with the U.S., so benefits for enrolled members are viewed as fulfilling treaty obligations or promoting tribal self-determination, rather than as racial favoritism. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 2:14pm On Aug 10, 2025 |
Blue3k:Shifting goal post already. Lmao. Nigeria has ethnic nations. To prevent what happened to native Americans is exactly why the indigenous nonsense that Amaechi talked about would be rejected. In Nigeria, states would do whatever they can to protect their ethnic groups and tribes including offering reduced school fees just like in the American example you quoted. We have had our own war of conquest and settlements which is still happening till date in the middle belt. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Raskimonojendor: 2:17pm On Aug 10, 2025 |
Blue3k:Public universities offering aboriginal students free tuition is discrimination as per your own earlier posts. They are citizens of the US just as much as a Black American whose ancestors were forcefully removed from Africa some 400 years ago. You can't pick and chose on what you classify as discrimination or not. Is it fair on a Black Americam that native Americans are getting reduced or zero tuition? Answer is NO. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 2:19pm On Aug 10, 2025 |
adamusuleiman1:Stop lying where in the constitution does it say that. The goal post wasn't shifted. I cited laws and Supreme Court case in America. I cited the laws of Nigeria and the history of America. Its not my fault you dont understand how to make apples to apples comparisons.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 2:22pm On Aug 10, 2025 |
Blue3k: Blue3k: |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 2:23pm On Aug 10, 2025 |
Your screenshot below proves that your earlier quoted law has exceptions. Just as the US and it's states are protecting their natives, let Nigerian states protect its natives and tribes too which is protected under special benefit (state and local administration). Simple as ABC.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 2:27pm On Aug 10, 2025 |
[quote author=adamusuleiman1 post=136407398][/quote]Man you're lazy. Did you forget to read 📚 the Supreme Court ruling Morton v. Mancari. Whats the point of citing the USA when its doesn't help your argument in Nigeria? Morton v. Mancari (1974) is one of the most important U.S. Supreme Court cases explaining why certain programs for Native Americans are not considered unconstitutional racial discrimination. Key Reasoning Political, not racial, classification The Court said that laws for “Indians” recognized as members of federally recognized tribes are based on a political relationship between the U.S. and the tribes, not on race. Native Americans are members of quasi-sovereign tribal nations, with a unique legal and historical status grounded in treaties and the U.S. Constitution’s Indian Commerce Clause . Trust responsibility The U.S. government has a trust obligation to promote tribal self-government and the welfare of tribes — this allows for special programs that benefit Native Americans in ways that would not be allowed for purely racial groups. Not a general racial preference The hiring rule applied only within the BIA (an agency serving tribes) and directly furthered the goal of tribal self-determination. The Court noted that Congress can enact legislation “singling out” tribes if it’s “tied rationally to the fulfillment of Congress’ unique obligation toward the Indians.” |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 2:28pm On Aug 10, 2025 |
Blue3k:Let me highlight and post your own screenshot as well.. In case you did not see it clearly. SPECIAL BENEFIT
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Raskimonojendor: 2:31pm On Aug 10, 2025 |
Blue3k:Shifting goal post at its finest. You were the one that brought in the US argument first. If we had not bring up the US native issue, you would NEVER have mentioned it. As it hasn't helped your argument, you are now back tracking. Local government and state are doing same in Nigeria, but you are not happy and want that taken away from the indigenes, but also you are justifying it in America. Make it make sense. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 2:31pm On Aug 10, 2025 |
adamusuleiman1:Again you're lazy 😴 and dense. The difference is the constitution doesn't confer special benefits. Why dont you cite the section of the Constitution that does or Supreme Court ruling? You cant because it doesn't exist. You foolishly use evidence im presenting that doesn't help you instead of looking for your own. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by adamusuleiman1: 2:37pm On Aug 10, 2025 |
Raskimonojendor:He did not remember Morton v. Mancari (1974) when he initially mentioned Civil Rights Act of 1964, Title VI. More like he deliberately left that out as it doesn't fit the agenda. You can see how people can be very sly. He is now working hard to justify why preferences given to Native Americans is not discrimination. While also trying to take away such benefits from Nigerian tribes especially the minorities via presidential executive order or legislation when we already have states and local government protecting such in Nigeria. The hypocrisy stinks.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Enugurangers: 3:09pm On Aug 10, 2025 |
adamusuleiman1:If I was a lazy governor like Hope Uzondinma, I would support the indigenous nonsense. It would be a chance to transfer my responsibility to a hard-working state governor like that of Lagos. It's called shopping for a better state government Lol. Removing indigenous protection by states and LGA in Nigeria would be a big scam. I trust my igbo brethren, we would be collecting bursary in two states in the federation. Anyway, it's dead on arrival. Such won't fly in Nigeria that's made up of ethnic nations ![]() |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 3:10pm On Aug 10, 2025*. Modified: 3:57pm On Aug 10, 2025 |
adamusuleiman1: Raskimonojendor:Lol you're both extremely lazy 😂. Whats stops you from citing Supreme Court rulings in Nigeria, citing constitution, laws or finding your own evidence? None of mine helps you. Here's the killing blow since you two won't use your heads. Indigenous status doesn't confer special rights. Its not allowed under Nigerian law. The goal post wasn't shifted. Learn what the phrase means before attempting to use. What you're doing is an apples and oranges comparison. Thats why its irrelevant to the discussion. If it wre apples to apples it would be relevant. The laws and history arent the same you can read them side by side if you're unsure.
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| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by aribisala0(m): 3:57pm On Aug 10, 2025 |
Blue3k:What is the legal definition of Resident? How long does it take to become resident? Is that based on anything written down anywhere? If we say residency should count should it be in the constitution? Or defined by each state As of today it is not in the constitution where does tha leave us? |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 4:11pm On Aug 10, 2025 |
aribisala0:If this does go to the Supreme Court and im right about the constitutionality the rules will have to be made up by us. Residency doesn't have to be in the constitution in my opinion. Im guessing it will vary state to state unless the federal government steps in. Blue3k: |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by aribisala0(m): 5:14pm On Aug 10, 2025 |
Blue3k:until then what is the legal status quo? School fees are the obvious one but there are many other subsidies across life e.g bursary, scholarships hajj sponsorship etc We cannot pick school fees in isolation |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 5:31pm On Aug 10, 2025 |
aribisala0:The status quo is what’s currently happening. School fees are determined by indigene status. I’m not familiar with bursaries or scholarships, so feel free to educate me. I kept my focus narrow to stay concise. You can pick your battles one at a time, or fight them all at once—that’s your call. I respect your zeal. State-sponsored religious activities are likely unconstitutional, but such cases rarely reach the Supreme Court. The Atheist Society of Nigeria tried suing Akwa Ibom over a church construction but failed. The blasphemy law case also failed. We don’t know how broadly or narrowly the Supreme Court would rule, but it’s guaranteed to be a landmark case. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by aribisala0(m): 6:00pm On Aug 10, 2025 |
Blue3k:The status quo is fine |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by Blue3k(op): 6:14pm On Aug 10, 2025 |
aribisala0: aribisala0:What was the point of this statement then and who is we? Arguing online does nothing. This has to go to court. It's good to see nobody here has a legal argument against what was stated. |
| Re: Unconstitutional Tuition Discrimination: Indigene Vs Non-Indigene by aribisala0(m): 6:31pm On Aug 10, 2025 |
Blue3k:You quoted two statements the point of which one? Nothing has to go to court because you say so Are you not contradicting yourself in saying arguing online does nothing and then saying it is good to see nobody has a legal argument against what was stated? What is good to see about that ? It could just mean what was stated is meaningless gibberish and does not deserve a response |
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