Chapter One: Introduction
1.1 Background of the Study
Indigenous people in Nigeria face numerous challenges related to the protection of their rights, including land ownership, cultural preservation, and political participation (Nwogu & Anyanwu, 2024). The Nigerian Constitution provides provisions for the protection of the rights of indigenous people, but these rights are often violated or inadequately enforced (Sule & Ayuba, 2023). In Makurdi, Benue State, indigenous communities continue to face struggles related to land encroachment and cultural marginalization despite constitutional guarantees (Adamu & Danladi, 2023). This study aims to evaluate how effectively constitutional provisions for the protection of indigenous people's rights are enforced in Makurdi and identify the gaps in their implementation.
1.2 Statement of the Problem
Indigenous people in Makurdi LGA are often denied their constitutional rights, particularly in the areas of land use and cultural preservation. Despite constitutional guarantees, there are widespread reports of land disputes, displacement, and lack of access to essential services (Ibrahim & Musa, 2023). This study will investigate how constitutional protections are implemented and the obstacles that prevent their effective enforcement.
1.3 Objectives of the Study
To assess the implementation of constitutional provisions for protecting indigenous people's rights in Makurdi LGA.
To evaluate the extent to which indigenous communities in Makurdi LGA are able to enjoy their constitutional rights.
To recommend legal reforms or policy measures to improve the protection of indigenous people’s rights in Makurdi LGA.
1.4 Research Questions
How effective are constitutional provisions in protecting the rights of indigenous people in Makurdi LGA?
What challenges hinder the protection of indigenous people's rights in Makurdi LGA?
What strategies can be implemented to improve the protection of indigenous people’s rights in Makurdi LGA?
1.5 Research Hypothesis
H₁: Constitutional provisions for the protection of indigenous people’s rights are not fully implemented in Makurdi LGA, leading to continued violations.
H₂: Socio-economic and political factors contribute significantly to the failure to protect indigenous people’s rights in Makurdi LGA.
H₃: Strengthening the enforcement of constitutional provisions and promoting indigenous rights awareness will improve the protection of indigenous people in Makurdi LGA.
1.6 Significance of the Study
This study is significant because it will highlight the gaps in the protection of indigenous people's rights and offer recommendations for improving the legal and institutional frameworks. The findings will be useful for policymakers, human rights advocates, and organizations working to protect indigenous communities in Nigeria.
1.7 Scope and Limitations of the Study
This study will focus on Makurdi LGA in Benue State, examining the implementation of constitutional protections for indigenous people’s rights. Limitations include challenges in gathering data from indigenous communities due to mistrust of external authorities and political sensitivity.
1.8 Operational Definition of Terms
Indigenous People’s Rights: The rights of communities that are native to a particular region, including cultural, land, and political rights.
Constitutional Provisions: Legal provisions embedded in the Nigerian Constitution that guarantee the protection of the rights of indigenous peoples.
Land Encroachment: The unauthorized occupation or use of land belonging to indigenous people.
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