Over the past few weeks, Ume Eno, the Akwa Ibom State Governor, came under fire for saying companies in his state must show transparency and employ Akwa Ibom indigenes instead of “foreigners”.

In an October 22 recording, Eno says, “We will soon inaugurate the State Labour Committee to monitor employment opportunities and ensure transparency and fairness in the process.

“This State Labour Committee will ensure that all companies operating in Akwa Ibom must show transparency in their employment of Akwa Ibom indigenes in their various organisations.

“No more will we bring people from outside when we have skills to do business in Akwa Ibom.”

SAME SITUATION IN LAGOS

On Friday, four days after Uno’s utterances went viral, X user Bayo Bilisi, with the handle @Bayo_Bilisi, put out a post faulting the Lagos Water Corporation (LWC) for entrusting its recruitment to Human Capital Partners (HCP).

Bilisi said “The Lagos Water Corporation outsourced the process to a private organisation HCP that is owned by non-Yoruba, and the person heading HR who will directly supervise the finalists selection process is Igbo. Shows the management of LWC is negligent.”

His concerns earned the endorsement of Wale Ajetunmobi, Special Adviser to Babajide Sanwo-Olu, the Lagos State Governor.

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“Thank you for bringing this to general attention,” he responded.

“Concerns raised by our people are valid. Steps have already been taken to encourage our people to apply and fill these positions.”

He then added that an indigenous Lagosian owned HCP, and the company would not be responsible for final selections as only qualified Lagosians would take on advertised roles.

“I assure you and everyone concerned that the process will be transparent and focused on competence, ensuring that only qualified candidates from the State are selected,” he added.

WHAT DOES THE LAW SAY?

Ridwan Oke and Festus Ogun, lawyers who practice in Lagos, both say it is discriminatory for a state government or any employer to discriminate during any recruitment exercise.

Oke said it was no longer uncommon for states to prioritise their indigenes during recruitment, but this could be challenged under Section 42, Chapter IV of the 1999 Constitution (as amended).

The law 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 citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

“(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.”

The law further adds, “Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.”

Ogun explains this provision, saying the International Labour Organisation (ILO) Convention backs Section 42 guaranteeing that every person has the right to freedom from discrimination.

Both lawyers agree that state governments do not have the right to deny indigenes of other states gainful employment in their states because they want to employ only natives.