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Nigerian Citizenship Eligibility With Regard To Elected Offices - Politics (2) - Nairaland

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Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by onlyson16(m): 5:12pm On May 18, 2015
CFCfan:
The constitution of the Federal Republic of Nigeria 1999 (as amended) defines the three ways in which an individual can obtain Nigerian citizenship - namely by birth, registration, and naturalization. Specifically, Chapter 3 sections 25 though 28 lay out in some detail the various situations in which each form of citizenship is attained.

For the purposes of this piece, I'll main focus on the provisions that deal with citizenship by birth, and those which govern the qualifications for president, governors, National Assembly members, and House of Assembly members)

Section 25 (1) states: "The following persons are citizens of Nigeria by birth-namely-
(a) every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria; provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.

(b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and

(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria."

Thus, going by the aforementioned section, even a kid born outside Nigeria to at least one Nigerian parent, is a Nigerian citizen by birth.

With regard to citizenship eligibility to run for both legislative (National Assembly and state HOAs) and executive offices (President and governors), sections 28, 66 (1a), 131, and 177 (a) provide guidance.

Section 28 says: "Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.

With regard to eligibility for election into the House of Representatives and/or the Senate, Section 66 (1a) states:
"No person shall be qualified for election to the Senate or the House of Representatives if:
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; "

With regards to presidential contenders, Section 131 says: "A person shall be qualified for election to the office of the President if -
(a) he is a citizen of Nigeria by birth..."

Citizenship eligibility for the office of governor is contained in Section 177 (a) which states that: "A person shall be qualified for election to the office of Governor of a State if
(a) he is a citizen of Nigeria by birth;"

Therefore, a Nigerian citizen by birth, who has become a naturalized citizen of another country or who holds dual citizenship by birth, fulfills the constitutional citizenship requirement to seek and hold elected office in Nigeria.

which means buhari is disqualify nah,is buhari not frm nigel
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Thespecialone(m): 5:14pm On May 18, 2015
DeCritique:



Na 12 in number Na... So Na MTN for sure

I schooled in France so I don't remember again. grin
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by mikolo80: 5:16pm On May 18, 2015
CFCfan:
It's a bit long. Please bear with me
and very misleading
it means only half caste can be ejected. If you like make dem born you for igbo ọrunmọlẹ,once you swear to another citizenship you're no longer eligible to hold most higher public office including minister commissioner et al cos section 28 and 66will disqualify you. But we de do am unto impunity levels
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by esere826: 5:16pm On May 18, 2015
@ OP

in other words
you're a citizen of Nigeria by birth and can run for any office as long as your dad or mum is a Nigerian citizen.
It does not matter the location where you were born wether na space, e no mean
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by goshen26: 5:17pm On May 18, 2015
op please summarise.. ...
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by nduchucks: 5:19pm On May 18, 2015
We discussed this issue back in 2011 in this thread. I'd recommed that users go through that thread.

My take, in simple terms: if you have not renounced your Nigerian citizenship, then as a Nigerian, you are still entitled to all rights constitutionally bestowed on Nigerian citizens including the right to hold public offices.

Thus dual citizens who have not renounced their Nigerian citizenships are eligible to hold office. Now for the kicker: renounciation of your existing citizenship is required of naturalized citizens of the USA. That means if you were born a Nigerian citizen and you become a naturalized citizen of the USA, you have effectively renounced your Nigerian citizenship.

Now, the supreme court can hold that Nigerian citizenship can only be renounced in a Nigerian court, if they do, then dual citizens of the USA are home free. Until then, the jury is still out.

1 Like 1 Share

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by DeCritique(m): 5:21pm On May 18, 2015
Thespecialone:


I schooled in France so I don't remember again. grin



Oooh... Hope you are now back to Ajegunle?
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 5:23pm On May 18, 2015
I have always been a Nigerian citizen! I know that as I know my rights! Go figure that out those who disagree with me! Haters gonna hate! angry angry angry angry angry
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by stephmike(m): 5:24pm On May 18, 2015
kropotkin2:
So what's the point?
I wonder wot the writer is driving @ooo

1 Like

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Thespecialone(m): 5:24pm On May 18, 2015
DeCritique:



Oooh... Hope you are now back to Ajegunle?

Nope, maitama grin
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by InvertedHammer: 5:28pm On May 18, 2015
CFCfan:
The constitution of the Federal Republic of Nigeria 1999 (as amended) defines the three ways in which an individual can obtain Nigerian citizenship - namely by birth, registration, and naturalization. Specifically, Chapter 3 sections 25 though 28 lay out in some detail the various situations in which each form of citizenship is attained.

For the purposes of this piece, I'll main focus on the provisions that deal with citizenship by birth, and those which govern the qualifications for president, governors, National Assembly members, and House of Assembly members)

Section 25 (1) states: "The following persons are citizens of Nigeria by birth-namely-
(a) every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria; provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.

(b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and

(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria."

Thus, going by the aforementioned section, even a kid born outside Nigeria to at least one Nigerian parent, is a Nigerian citizen by birth.

With regard to citizenship eligibility to run for both legislative (National Assembly and state HOAs) and executive offices (President and governors), sections 28, 66 (1a), 131, and 177 (a) provide guidance.

Section 28 says: "Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.

With regard to eligibility for election into the House of Representatives and/or the Senate, Section 66 (1a) states:
"No person shall be qualified for election to the Senate or the House of Representatives if:
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; "

With regards to presidential contenders, Section 131 says: "A person shall be qualified for election to the office of the President if -
(a) he is a citizen of Nigeria by birth..."

Citizenship eligibility for the office of governor is contained in Section 177 (a) which states that: "A person shall be qualified for election to the office of Governor of a State if
(a) he is a citizen of Nigeria by birth;
"




Therefore, a Nigerian citizen by birth, who has become a naturalized citizen of another country or who holds dual citizenship by birth, fulfills the constitutional citizenship requirement to seek and hold elected office in Nigeria.



/* Very informative. Thanks */
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by AreaFada2: 5:29pm On May 18, 2015
interesting
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by stephmike(m): 5:30pm On May 18, 2015
nduchucks:
We discussed this issue back in 2011 in this thread. I'd recommed that users go through that thread.

My take, in simple terms: if you have not renounced your Nigerian citizenship, then as a Nigerian, you are still entitled to all rights constitutionally bestowed on Nigerian citizens including the right to hold public offices.

Thus dual citizens who have not renounced their Nigerian citizenships are eligible to hold office. Now for the kicker: renounciation of your existing citizenship is required of naturalized citizens of the USA. That means if you were born a Nigerian citizen and you become a naturalized citizen of the USA, you have effectively renounced your Nigerian citizenship.

Now, the supreme court can hold that Nigerian citizenship can only be renounced in a Nigerian court, if they do, then dual citizens of the USA are home free. Until then, the jury is still out.
but that ur submission contravene the constitution of Nigeria.
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 5:34pm On May 18, 2015
Did not read!
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Ibsgal(f): 5:45pm On May 18, 2015
Does anyone have info regarding holding a public office and NYSC service for Nigerian citizens that studied abroad? Can a waiver be granted? Thanks
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by nickyvil: 5:49pm On May 18, 2015
esere826:
@ OP

in other words
you're a citizen of Nigeria by birth and can run for any office as long as your dad or mum is a Nigerian citizen.
It does not matter the location where you were born wether na space, e no mean



Confirm wink
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by abbey621(m): 5:56pm On May 18, 2015
nduchucks:
We discussed this issue back in 2011 in this thread. I'd recommed that users go through that thread.

My take, in simple terms: if you have not renounced your Nigerian citizenship, then as a Nigerian, you are still entitled to all rights constitutionally bestowed on Nigerian citizens including the right to hold public offices.

Thus dual citizens who have not renounced their Nigerian citizenships are eligible to hold office. Now for the kicker: renounciation of your existing citizenship is required of naturalized citizens of the USA. That means if you were born a Nigerian citizen and you become a naturalized citizen of the USA, you have effectively renounced your Nigerian citizenship.

Now, the supreme court can hold that Nigerian citizenship can only be renounced in a Nigerian court, if they do, then dual citizens of the USA are home free. Until then, the jury is still out.

I think you are mistaken. The constitution of the United States recognizes dual citizenship, so does Nigeria. In order to fully renounce your Nigerian citizenship, an affidavit must be sworn with a Nigerian court. Now keep in mind U.S citizenship requires maintaining a residence in the U.S for a certain amount of time and can be easily revoked, whereas Nigerian citizenship requires no such thing and hence people are able to manipulate the system whenever issues like these are discussed within the judicial system.

2 Likes

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 5:58pm On May 18, 2015
That means I can rule the country one day and transform it to look like the US. I will educate the primitive bunch running about the streets like savages to lead a civilized life and bring organized activities to all sectors of the government and remove corruption from the system.

What a backward nation that needs my help indeed!
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by nduchucks: 6:08pm On May 18, 2015
stephmike:

but that ur submission contravene the constitution of Nigeria.

Please tell me how?
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by klax(m): 6:14pm On May 18, 2015
kropotkin2:
So what's the point?

Pls ask him again I guess today is one of the worst and useless thread day in Nairaland I will note today's date down. I have be reading seen craps headline since morning.

1 Like

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by nduchucks: 6:15pm On May 18, 2015
abbey621:


I think you are mistaken. The constitution of the United States recognizes dual citizenship, so does Nigeria. In order to fully renounce your Nigerian citizenship, an affidavit must be sworn with a Nigerian court. Now keep in mind U.S citizenship requires maintaining a residence in the U.S for a certain amount of time and can be easily revoked, whereas Nigerian citizenship requires no such thing and hence people are able to manipulate the system whenever issues like these are discussed within the judicial system.

Indeed.

If your parents are Americans and you were born in Israel for example, you are automatically a dual citizen of both countries. Similarly if your parents are Nigerians and you were born in the USA, you are automatically a Nigerian Citizen. In both of these cases, no renounciation of citizenship of the USA is required. The USA and Nigeria will recognize your dual citizenship without constitutional issues.

However, if born a Nigerian, you now apply for citizenship in the USA via naturalization, you will be required to renounce your citizenship as part of the procedure. These are the "dual citizens" whose eligibility to hold office has not yet been determined....as I see it. I stand corrected if someone can offer a contrary opinion which supports a different state of being.

3 Likes

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by CriticalThought: 6:19pm On May 18, 2015
nduchucks:
We discussed this issue back in 2011 in this thread. I'd recommed that users go through that thread.

My take, in simple terms: if you have not renounced your Nigerian citizenship, then as a Nigerian, you are still entitled to all rights constitutionally bestowed on Nigerian citizens including the right to hold public offices.

Thus dual citizens who have not renounced their Nigerian citizenships are eligible to hold office. Now for the kicker: renounciation of your existing citizenship is required of naturalized citizens of the USA. That means if you were born a Nigerian citizen and you become a naturalized citizen of the USA, you have effectively renounced your Nigerian citizenship.

Now, the supreme court can hold that Nigerian citizenship can only be renounced in a Nigerian court, if they do, then dual citizens of the USA are home free. Until then, the jury is still out.

Not true, I think you can hold both
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 6:21pm On May 18, 2015

CFCfan

(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria."

This bit is interesting. That means even if you were not born in Nigeria - you can become the president of Nigeria. Nice!!

This adds more credence to the argument I was having some cao chic one time about the use of terms "Nigerian-born" vis-a-vis "British-born". Folks on this forum just love arguing for the sake of it, just to hear what they sound like. When you take out the PC aspect of it, you're automatically "Nigerian-born" once one of your parent is Nigerian (and this takes it further by signifying the you're "Nigeria-born" officially). Whereas officially being British-born is dependent on immigration status of your parents at the time of ya birth (being Britain-born sounds more factual officially based on how citizenship is graded in the UK). Regardless the UK officially recognises the identity of black people as Nigerian/Black-African/Black-Caribbean/Other, while the nationality can be British. Then in a country like Nigeria - the identities are based on the different ethnic groups, while nationality is Nigerian.

It's basically like the terms: Black British and Indian British (cap28 take note) in official capacity vis-a-vis general/loose terms. While someone like Michael Hastings is officially recognised as Black British - Baron Victor Adebowale is British Nigerian and Chuka Umunna is British Nigerian/White British. Ditto Baron Meghnad Desai as Indian British, while Keith Vaz is British Indian.

1 Like

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by baby124: 6:34pm On May 18, 2015
Nigeria should stop citizenship by birth alone. Both parents should also be Nigerian and live and work in Nigeria for a certain number of years. Also, it must make sure only those born in Nigeria and holding ONLY Nigerian passports be allowed to enter political office in Nigeria. That will assure loyalty to Nigeria and Nigeria alone. People will also stop rushing to give birth abroad and our medical facilities will improve drastically

2 Likes

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by nduchucks: 6:35pm On May 18, 2015
CriticalThought:


Not true, I think you can hold both

I'm not saying that you cannot hold both. Reread my other comments on this thread. Renunciation is the issue
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Raheem2386: 6:36pm On May 18, 2015
But pls, if my dad is from Delta state and I was born in Adamawa, can I claim it(adamawa) as my state of origin? Can I contest for electoral offices in adamawa? Please clarify. Thanks.
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by cao(f): 6:41pm On May 18, 2015
ShymmexOBE:


This bit is interesting. That means even if you were not born in Nigeria - you can become the president of Nigeria. Nice!!

This adds more credence to the argument I was having some cao chic one time about the use of terms "Nigerian-born" vis-a-vis "British-born". Folks on this forum just love arguing for the sake of it, just to hear what they sound like. When you take out the PC aspect of it, you're automatically "Nigerian-born" once one of your parent is Nigerian (and this takes it further by signifying the you're "Nigeria-born" officially). Whereas officially being British-born is dependent on immigration status of your parents at the time of ya birth (being Britain-born sounds more factual officially based on how citizenship is graded in the UK). Regardless the UK officially recognises the identity of black people as Nigerian/Black-African/Black-Caribbean/Other, while the nationality can be British. Then in a country like Nigeria - the identities are based on the different ethnic groups, while nationality is Nigerian.

It's basically like the terms: Black British and Indian British (cap28 take note) in official capacity vis-a-vis general/loose terms. While someone like Michael Hastings is officially recognised as Black British - Baron Victor Adebowale is British Nigerian and Chuka Umunna is British Nigerian/White British. Ditto Baron Meghnad Desai as Indian British, while Keith Vaz is British Indian.
Ah, you again?

1 Like 1 Share

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 6:41pm On May 18, 2015
I am gonna be in the next elections! Azonto! Mumu Nigerians can't hold me down from changing that country for the better. Who's going to vote me in as the next Nigerian president? grin cheesy tongue tongue tongue
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 6:42pm On May 18, 2015
cao:

Ah, you again?

Lol, I have been knighted as the Officer of the British Empire - I don't want to argue today. grin tongue

Truce.
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by cao(f): 6:44pm On May 18, 2015
ShymmexOBE:


Lol, I have been knighted as the Officer of the British Empire - I don't want to argue today. grin tongue

Truce.
Had no intention, enjoying my catch up of The Flash.

1 Like 1 Share

Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 6:45pm On May 18, 2015
Why are some people so bitter?

Nigerian can only be saved by Nigerians from outside Nigeria - better believe that cos those in Nigeria don't have an understanding of what's wrong with that country. They have lived in the stench for too long that they can't even smell how rotten the country is.

Nigeria should as a matter of fact needs to start begging folks to come and live there, to save the place from the abyss it's in.
Re: Nigerian Citizenship Eligibility With Regard To Elected Offices by Nobody: 6:46pm On May 18, 2015
cao:

Had no intention, enjoying my catch up of The Flash.

Lol. Enjoy. tongue

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