the ‘federal character’ provisions. They cannot stand for office, are
not eligible for state education scholarships or other grants, and
increasingly may not obtain jobs in the civil service of the state.
This system has inadvertently created a population of millions
who are not regarded as full citizens in any particular place in
Nigeria. Though they may vote, there is no state in which they
may hold public office and take part in the government of their
country. Perhaps the only public office open to them would be the
presidency itself; though in practice that, too, would be difficult
without a clear support base in an individual state.
Ethiopia, the only other fully federal constitution in Africa,
remarkably provides for any self-defined group to make a bid for
self-determination, up to and including complete independence.
But the results of this effort to give full realization to minority rights have included the displacement of large numbers of
people from areas now ‘owned’ by another group, where they then
feel threatened. There are similar problems in many countries
without explicitly federal constitutions, especially those that are
most diverse; notably, the DRC. The ethnic violence following
the disputed Kenyan elections of late 2007 had among its causes
a persistent failure by government to provide an equitable pro
cess to resolve the rights to land and to protection of the law of
those living in a different part of the country from their ‘original’
home.
Silencing individuals
15
Introduction
Citizenship law has also proved a useful tool to incumbent
governments wishing to silence critics, or exclude from elections
opposition politicians who threaten to unseat them. A wide range
of African governments have used, abused or rewritten citizenship and immigration law to silence those who have criticized
them or sought to challenge their hold on power. They have
changed the qualifications for citizenship, or simply asserted
that someone is not a citizen and then deported them, with no
right to challenge in court either the deportation or the assertion
of non-citizenship. Although there are other means of silencing