There is only one issue that needs to be resolved by the supreme court in this case. The case is not clear cut and either party could win.

Lets look at section 182 again:

182. (1) No person shall be qualified for election to the office of Governor
of a State 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, he has made a declaration of allegiance to such other country

There are two parts to this section, the fisrt part in blue text above and the second part in red text. If the supreme court rules that both parts of section 182 are subject to section 28, then Akala has no case and he loses, for section 28 only applies to people who are not Nigerian citizens by birth.

If on the other hand, if having made a declaration of allegiance to another country, as stated in the second part of section 182, makes one ineligible to contest, then, Ajimobi will not be the Governor.

The supreme court has actually never ruled on this issue. This case could have far reaching ramifications.

When we are interpreting sentences we should read clearly with understanding and even the punctuation marks. it is a sad thing that Nigerians don't read in between the lines even our so call lawyers.

[font=Lucida Sans Unicode]28. (1) 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.[/font]

That means if originally by birth he was not a citizen, and he was given the right either by the president or number of years spent and later went to acquire another country's citizenship then he is not fit to contest any position in Nigeria.

He is a Nigerian by birth and he can hold dual-citizenship by Law.

Section 182 from which the suit is being filed under says:

82. (1) No person shall be qualified for election to the office of Governor of a State 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, he has made a declaration of allegiance to such other country;

Quote
28. (1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship[b] if, not being a citizen of Nigeria by birth[/b], he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.
(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of naturalisation to a person who is a citizen of a country other than Nigeria at the time of such registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than five months from the date of such registration or grant.

==============================================================================================
182 is subject to 28. The seemingly relevant subsections of 28 are 28(1) and 28(2). However both are irrelevant in the case of Ajimobi.

1. 28(1) addresses a person that is not a citizen of Nigeria by birth. Ajimobi is a citizen of Nigeria by birth. Let's see an illustration on the reason for 28(1):
Mukele was born in Cameroon and a citizen of Cameroon but he grew up in Port Harcourt then he applied for and registered as a Nigerian citizen. Mukele is free to contest as Governor of Rivers State.
If Mukele leaves Nigeria for Canada and later obtained the citizenship of Canada, he has lost his right to contest for Governor of Rivers State because he was not a Canadian by birth, he left Nigeria to become a citizen of Canada. That is 28(1)

2. Let's address 28(2).

Mukele's brother Deng, was born in Cameroon but grew up in France and became a citizen of France. If Deng relocates to Nigeria and after some years seeks registration as a Citizen of Nigeria, he will have to renounce his citizenship of France because he was not born in France, he was born in Cameroon. If he never lived in France but moved directly to Nigeria from Cameroon - he does not have to renounce his Cameroonian citizenship.

That is simply what our constitution was saying.

There is absolutely nothing in our constitution stopping a Nigerian, born in Nigeria or born to Nigerian parents, from contesting the Governorship of their states even if they acquired the citizenship of USA, UK or anywhere in the world! The lawyers involved are just taking Akala for a ride.

How are people interpreting Section 28(1) of the constitution?

All it says is that if you were not born in Nigeria, and you acquire a citizenship of a third country (not your birth country), you will forfeit your Nigerian citizenship.

For example, you will forfeit your Nigerian citizenship if you were born in the US but acquired British citizenship.

EDIT: Let me caveat my post by saying that there are different ways of interpreting the law and the Supreme Court has the final say.

Let me give you guys a gist from the past that has a small bearing to this case. After the 1979 gubernatorial election in the old Imo state. Chief Sam Mbakwe was the governor elect but after the swearing in, both the GNPP candidate (Chief Nnanna Ukaegbu) and his NPN counterpart (Chief Nwakanma Okoro) respectvely went to court to contest Mbakwe's continued sitting as the Imo state governor on the basis that his deputy Mr Bernard Amanaha has issues with his tax declaration.

At the supreme court, the justices ruled in favour of both NPN/GNPP candidates that Mbakwe's deputy tax payment declaration was flawed but however ruled that the mandate still stand and gave Mbakwe/NPP the choice to choose another person as the new deputy governor as the court dropped Mr Amalaha.

Mbakwe/NPP then chose a member of the state house of assembly (Chief Isaac Uzoigwe) as the new deputy governor of Imo State and he was sworn in a week later. Unfortunately the dropped former deputy governor Mr Amalaha, never survived the shock and died less than a year later.

Nigeria law is a backside, if not, the worst case scenario will be that the deputy governor will be propped up to becomes the new governor.

But looking at the Abacha's constitution, Akala has no single case
1. Ajimobi is a Nigerian by birth
2. Aimobi never at anytime renouced his Nigerian citizenship by birth, irrespective of his naturalization, if he indeed did naturalized.

Just even common sense will tell you that the writers of that Abacha constitution has their children with dual nationalities, which they considered in the past as a privilege over other Nigeria.  And knowing this people for their selfish interest first, do you really think they will do anything that will preclude their own children from power in future?

Bankole, David Mark, Ibori and my own cousin who was governor for 8 years are few examples of those with dual nationalities in higher offices and if you think that their opponents some how forgot to use it against them, you must be kidding me, especially in nigeria where power is the tonic to everything.

I'm just happy to see that do-or-die politics is slowly receding in the SW region of Nigeria.

Now we have politicians lawyering up and taking things into the court room instead of planning for the death of their oppositions.

Truth be told, the legacies of OBJ's do-or-die politics is slowly lifting off the face of Nigerian politicians.

By the time we know it, the Justice/Legal system will be back in full potential, something we really need in Nigeria.

Back to thread, let Akala lawyer up. Was this not the same fanta-coke (abi wetin dem call am?) that conceded defeat and congratulated Ajimobi? This man is a shame, he really doesnt want to let go of his Government housing he "built to his taste".

Does Akala really think the people of Oyo will continue in darkness with him, after his RECENT two-faceness and immature actions in politics?


Akala na the real 2Face sha!

Eziachi:

Let me give you guys a gist from the past that has a small bearing to this case. After the 1979 gubernatorial election in the old Imo state. Chief Sam Mbakwe was the governor elect but after the swearing in, both the GNPP candidate (Chief Nnanna Ukaegbu) and his NPN counterpart (Chief Nwakanma Okoro) respectvely went to court to contest Mbakwe's continued sitting as the Imo state governor on the basis that his deputy Mr Bernard Amanaha has issues with his tax declaration.

At the supreme court, the justices ruled in favour of both NPN/GNPP candidates that Mbakwe's deputy tax payment declaration was flawed but however ruled that the mandate still stand and gave Mbakwe/NPP the choice to choose another person as the new deputy governor as the court dropped Mr Amalaha.

Mbakwe/NPP then chose a member of the state house of assembly (Chief Isaac Uzoigwe) as the new deputy governor of Imo State and he was sworn in a week later. Unfortunately the dropped former deputy governor Mr Amalaha, never survived the shock and died less than a year later.

Nigeria law is a backside, if not, the worst case scenario will be that the deputy governor will be propped up to becomes the new governor.
[size=18pt]
But looking at the Abacha's constitution, Akala has no single case
1. Ajimobi is a Nigerian by birth
2. Aimobi never at anytime renouced his Nigerian citizenship by birth, irrespective of his naturalization, if he indeed did naturalized.[/size]

Just even common sense will tell you that the writers of that Abacha constitution has their children with dual nationalities, which they considered in the past as a privilege over other Nigeria.  And knowing this people for their selfish interest first, do you really think they will do anything that will preclude their own children from power in future?

Bankole, David Mark, Ibori and my own cousin who was governor for 8 years are few examples of those with dual nationalities in higher offices and if you think that their opponents some how forgot to use it against them, you must be kidding me, especially in nigeria where power is the tonic to everything.

Phew!!! Thank You.

I for don vex this morning .

SHEIKENA- i like your reponse, it is well thought of. Very very sensible

yawa,but i doubt this is getting anywhere

Guyz, i don't think we need to bother ourselves more on this. Ajimobi himself had explained what Akala and his team of glutton SANs don't know to them, Check it out.

http://tribune.com.ng/index.php/news/22260-ajimobi-debunks-claim-of-dual-citizenship

http://www.thenationonlineng.net/2011/index.php?news=6866

Guyz, i don't think we need to bother ourselves more on this. Ajimobi himself had explained what Akala and his team of glutton SANs don't know to them, Check it out.

http://tribune.com.ng/index.php/news/22260-ajimobi-debunks-claim-of-dual-citizenship

http://www.thenationonlineng.net/2011/index.php?news=6866

•Denies dual citizenship

Oyo State governor-elect Senator Abiola Ajimobi has said the decision of the Peoples Democratic Party (PDP) to challenge his victory at the Election Petition Tribunal sitting in Ibadan, the state capital, would be an effort in futility.
Ajimobi spoke yesterday in a statement by the Publicity Director of his campaign organisation, Mr. Yanju Adegbite.
The PDP had on Wednesday urged the tribunal to nullify Ajimobi’s election, alleging that he holds the citizenship of the United States of America (USA).
It said possession of dual citizenship is against the provisions of the Nigerian constitution for governorship candidates.
Ajimobi denied the allegation, saying Governor Adebayo Alao-Akala and the PDP were embarking on a wild goose chase.
He said the social security number, which the PDP claims confirms his citizenship, is given to all legal residents of the United States.
Ajimobi said: "Anyone living legally in the USA is issued a social security number. It is not a symbol of citizenship of the country.
"The allegation shows the level of ignorance, mischief and desperation of the losers. I assure the good people of Oyo State that I am not a US citizen. I am a full citizen of Nigeria.
"The petitioners have always failed in their attempts to truncate the wishes of the people and they will surely fail again. It is unfortunate that people are abusing the court process with falsehood."
The Nation
gathered from a reliable source at the Independent National Electoral Commission (INEC) that another petition filed by the Action Alliance (AA) against Ajimobi would not succeed because INEC deliberately omitted the party’s logo from the ballot papers for failing to meet all the requirements for the governorship election.

The source said: "They did not meet the legal obligations for the election. The party did not file all the required documents; neither did it hold any primary supervised by INEC. That is why the party’s logo did not appear on the ballot papers used for the election."
Ajimobi said he was not bothered by the petitions because they were unfounded


http://www.thenationonlineng.net/2011/index.php?news=6866

The Supreme Court Ruling on Electoral Act 2001 and Dual Citizens/Nigerian Citizens Resident Abroad

March 28, 2002 Supreme Court Ruling on the Electoral Law 2001 with with Justice Idris Legbo Kutigi reading clearly states that a Nigerian by birth/descent can hold dual nationality and still contest for elected office in Nigeria.


http://www.dawodu.com/aluko18.htm

emmatok:

•Denies dual citizenship

Oyo State governor-elect Senator Abiola Ajimobi has said the decision of the Peoples Democratic Party (PDP) to challenge his victory at the Election Petition Tribunal sitting in Ibadan, the state capital, would be an effort in futility.
Ajimobi spoke yesterday in a statement by the Publicity Director of his campaign organisation, Mr. Yanju Adegbite.
The PDP had on Wednesday urged the tribunal to nullify Ajimobi’s election, alleging that he holds the citizenship of the United States of America (USA).
It said possession of dual citizenship is against the provisions of the Nigerian constitution for governorship candidates.
Ajimobi denied the allegation, saying Governor Adebayo Alao-Akala and the PDP were embarking on a wild goose chase.
He said the social security number, which the PDP claims confirms his citizenship, is given to all legal residents of the United States.
Ajimobi said: "Anyone living legally in the USA is issued a social security number. It is not a symbol of citizenship of the country.
"The allegation shows the level of ignorance, mischief and desperation of the losers. I assure the good people of Oyo State that I am not a US citizen. I am a full citizen of Nigeria.
"The petitioners have always failed in their attempts to truncate the wishes of the people and they will surely fail again. It is unfortunate that people are abusing the court process with falsehood."
The Nation
gathered from a reliable source at the Independent National Electoral Commission (INEC) that another petition filed by the Action Alliance (AA) against Ajimobi would not succeed because INEC deliberately omitted the party’s logo from the ballot papers for failing to meet all the requirements for the governorship election.

The source said: "They did not meet the legal obligations for the election. The party did not file all the required documents; neither did it hold any primary supervised by INEC. That is why the party’s logo did not appear on the ballot papers used for the election."
Ajimobi said he was not bothered by the petitions because they were unfounded

Sefini!!!!!!!!!!
As a true Ibadan man, i was scared for oyo state when i heard the news, arguments & counter arguments going on in this forum, but right now, have got nothing to worry about. Ajimobi carry on. you are the peoples man.
Akala go kiss your bleached ass in Agodi prisons.

I am sure "our boys" are currently working on his social security number. wow! dem even put his date of birth and address. , too much info.!

I don't know that of Nigeria but the oat of citizenship of US is just too strong;

Excerpt from oath of citizenship of the US:

I hereby declare, on oath,

•that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen;

•that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic;

•that I will bear true faith and allegiance to the same;

•that I will bear arms on behalf of the United States when required by law;

•that I will perform noncombatant service in the Armed Forces of the United States when required by the law;

•that I will perform work of national importance under civilian direction when required by the law;

•and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.
In acknowledgement whereof I have hereunto affixed my signature.

I hope Ajumobi scale through this because I can't just stand having a looser like Akala to remain in the office of a governor for the next 4 years. Meanwhile,law is law,if he should be found guilty of this breach of constitution then he should be sent of without wasting of time.

But,wait a minute,what was INEC doing,were they not suppose to vet every candidate b4 election proper? This is a huge slap on INEC. Well,there is room for improvement,mistake like this should not repeat itself from an institution like this. GOD BLESS NIGERIA

;d

Ajimobi should not mind Christopher Akala jare. He(Akala) is envious of the Governor-elect for having American citizenship, which he must have obtained genuinely. Report has it that Akala was dismissed from the police force, so he can never be given American citizenship. As it is, no decent country will give the  alleged rogue governor its citizenship, except Afghanistan or Pakistan. Broda Christopher should prepare for the mother of all probe. Ajimobi will do two terms, because he will perform! Anyway, this thread on dual citizenship is enlightening. Kudos to nairalanders.

Shouldn't Ajimobi be able to countersue for reckless endangerment or something here -- by publishing his social security number in the media, they have irresponsibly exposed him to financial damage. I hope he at least has LifeLock or something because identity thieves are going to be all over that (a Nigerian politician's SSN? Easy money!).

Who are these PDP idiots who didn't even bother to do basic research to figure out that having an SSN has absolutely nothing to do with US citizenship? You don't even need a green card to get one (unless things have changed these days). *sigh*

I thought Ajumobi and other ACN statlwarts ought to have known this, before fielding him. if the constitution says he is not fit, let it be. At least this will teach others like him a lesson in .future.

About this topic: When is the NBA going to do something about lawyers who delibrately lead their clients on? When are we going to find Judges who are ready to penalized lawyers who waste the Courts' time? This suit is so frivolous, even non-lawyers know this fact.
ANY LAWYERS IN THE HOUSE? Come out and rescue your colleagues who are so hellbent on sharing in Akala's loot 

Kai! Our constitution is just like our infrastructure and economy. Each section contradicts the other. This country needs to be completely scrapped and rebuilt from ground up.

@ dinggle you can say that again, from the ground up totally

A black american with a yoruba name wants to be governor of oyo state.Very very funny indeed

You guys know what ! So let some lawyer make some from Akala.

Hmmmm, THE REAL QUESTION HERE IS; DOES NIGERIA RECOGNIZE DUAL CITIZENSHIP?

This is confusion of the highest order; from my understanding, section 28 of the Nigerian constitution spells it out clearly;


1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if,

a) not being a citizen of Nigeria by birth,
b) he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.

In my own term, Section 28(1)(a) uses the exception clause; so one can argue indeed that since he's a Nigerian citizen by birth other than any other country, Section 28(1)(a) doesn't apply to him. Section 28(1)(b) is dependent on (1)(a), which is "only if" he isn't a Nigerian citizen by birth then. Section 28(1)(b) is pretty much explaining if you're not a Nigerian by birth and you're granted Nigerian citizenship and then you accept another citizenship by naturalization other than by birth, then you forfeit the Nigerian citizenship.

According to Section 28(1), he met the criteria to run for office.


However; I like to note that he DID voluntarily give up his Nigerian Citizenship (renounced his allegiance to a foreign country (Nigeria)); although he owes allegiance to another country, his lawyers can argue convinceily  on the DUAL citizenship concept, and home rights; being that Nigeria is his home country, Nigeria's call of duty takes precedence over "other country of citizenship". What I don't know is if you're were born, do you assume your oath of allegiance or not ?


This is so complicated; I hope he comes out of it and he should be very careful because the U.S. embassy will have an eye on him to know if he denies his country U.S.

Let me add my own Two cents!

1.)Governor Ajumobi is a bona-fide Nigerian Citizen (BY BIRTH). His citizenship cannot be renounced!.

2.)When you "acquire" the citizenship of a foreign country (America in this case), YOU SWEAR AN OATH OF ALLEGIANCE TO THAT COUNTRY!
Anyone that has done this before knows that it is "the part" you go to do at a court. That is Clear.

3.) Right NOW, he has dual Citizenship: NIGERIA AND AMERICA. That is legal and acceptable in the Constitution. that is clear.

4.) Section 182 (1)(a) of the constitution of the Federal Republic of Nigeria, 1999. States inter-allia:

"No person shall be qualified for election to the office of governor of a state if; subject to the provision of 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, he has made a declaration of allegiance to such other country."

Take special note of the two phrases: *Shall not be Qualified*,.,.,.,.,, ,,,*VOLUNTARILY ACQUIRED. *

5.) Looking at (4) and (2) together:

- #4 says YOU CANT BE GOVERNOR “IF”
(a) You swear allegiance/make a declaration of allegiance to another country! Did Ajumobi do that? YES!.
(b) Voluntarily acquire the citizenship of another country! Did Ajumobi do that? YES!.

Now, this is not about whether our constitution allows dual citizenship (it does!), it only qualifies it by saying if you voluntarily acquire a second citizenship, YOU CANT BE GOVERNOR!


Again, if you can acquire that foreign citizenship “without swearing allegiance” to another country you are also in the clear!

(Citizenship acquired by BIRTH in NOT VOLUNTARY, you have no-say in it, as a baby and YOU DO NOT "SWEAR ANY ALLEGIANCE to acquire it! This is the "koko" we must take very good note of!)

Problem is that in almost ALL CASES of NATURALISATION, you will be required to “declare allegiance” to your new/second country.

I have only tried to clear the air of confusion, l have no interest in Ajumobi, “bleach-bleach” Ex-Governor not Oyo state.

If the letter of the law is applied, to the letter, unfortunately an painfully too, Ajumobi, the people’s choice, is a “gonner”!
My Two Cent!
Lastpage

manny4life:

Hmmmm, THE REAL QUESTION HERE IS; DOES NIGERIA RECOGNIZE DUAL CITIZENSHIP?

This is confusion of the highest order; from my understanding, section 28 of the Nigerian constitution spells it out clearly;


1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if,

a) not being a citizen of Nigeria by birth,
b) he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.

In my own term, Section 28(1)(a) uses the exception clause; so one can argue indeed that since he's a Nigerian citizen by birth other than any other country, Section 28(1)(a) doesn't apply to him. Section 28(1)(b) is dependent on (1)(a), which is "only if" he isn't a Nigerian citizen by birth then. Section 28(1)(b) is pretty much explaining if you're not a Nigerian by birth and you're granted Nigerian citizenship and then you accept another citizenship by naturalization other than by birth, then you forfeit the Nigerian citizenship.

According to Section 28(1), he met the criteria to run for office.


However; I like to note that he DID voluntarily give up his Nigerian Citizenship (renounced his allegiance to a foreign country (Nigeria)); although he owes allegiance to another country, his lawyers can argue convinceily  on the DUAL citizenship concept, and home rights; being that Nigeria is his home country, Nigeria's call of duty takes precedence over "other country of citizenship". What I don't know is if you're were born, do you assume your oath of allegiance or not ?


This is so complicated; I hope he comes out of it and he should be very careful because the U.S. embassy will have an eye on him to know if he denies his country U.S.

• Abiola AjimobDenies dual citizenship

Oyo State governor-elect Senator Abiola Ajimobi has said the decision of the Peoples Democratic Party (PDP) to challenge his victory at the Election Petition Tribunal sitting in Ibadan, the state capital, would be an effort in futility.
Ajimobi spoke yesterday in a statement by the Publicity Director of his campaign organisation, Mr. Yanju Adegbite.
The PDP had on Wednesday urged the tribunal to nullify Ajimobi’s election, alleging that he holds the citizenship of the United States of America (USA).
It said possession of dual citizenship is against the provisions of the Nigerian constitution for governorship candidates.
Ajimobi denied the allegation, saying Governor Adebayo Alao-Akala and the PDP were embarking on a wild goose chase.
He said the social security number, which the PDP claims confirms his citizenship, is given to all legal residents of the United States.
Ajimobi said: "Anyone living legally in the USA is issued a social security number. It is not a symbol of citizenship of the country.
"The allegation shows the level of ignorance, mischief and desperation of the losers. I assure the good people of Oyo State that I am not a US citizen. I am a full citizen of Nigeria.
"The petitioners have always failed in their attempts to truncate the wishes of the people and they will surely fail again. It is unfortunate that people are abusing the court process with falsehood."
The Nation
gathered from a reliable source at the Independent National Electoral Commission (INEC) that another petition filed by the Action Alliance (AA) against Ajimobi would not succeed because INEC deliberately omitted the party’s logo from the ballot papers for failing to meet all the requirements for the governorship election.

The source said: "They did not meet the legal obligations for the election. The party did not file all the required documents; neither did it hold any primary supervised by INEC. That is why the party’s logo did not appear on the ballot papers used for the election."
Ajimobi said he was not bothered by the petitions because they were unfounded

lastpage:

Let me add my own Two cents!

1.)Governor Ajumobi is a bona-fide Nigerian Citizen (BY BIRTH). His citizenship cannot be renounced!.

2.)When you "acquire" the citizenship of a foreign country (America in this case), YOU SWEAR AN OATH OF ALLEGIANCE TO THAT COUNTRY!
Anyone that has done this before knows that it is "the part" you go to do at a court. That is Clear.

3.) Right NOW, he has dual Citizenship: NIGERIA AND AMERICA. That is legal and acceptable in the Constitution. that is clear.

4.) Section 182 (1)(a) of the constitution of the Federal Republic of Nigeria, 1999. States inter-allia:

"No person shall be qualified for election to the office of governor of a state if; subject to the provision of 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, he has made a declaration of allegiance to such other country."

Take special note of the two phrases: *Shall not be Qualified*,.,.,.,.,, ,,,*VOLUNTARILY ACQUIRED. *

5.) Looking at (4) and (2) together:

- #4 says YOU CANT BE GOVERNOR “IF”
(a) You swear allegiance/make a declaration of allegiance to another country! Did Ajumobi do that? YES!.
(b) Voluntarily acquire the citizenship of another country! Did Ajumobi do that? YES!.

Now, this is not about whether our constitution allows dual citizenship (it does!), it only qualifies it by saying if you voluntarily acquire a second citizenship, YOU CANT BE GOVERNOR!


Again, if you can acquire that foreign citizenship “without swearing allegiance” to another country you are also in the clear!

(Citizenship acquired by BIRTH in NOT VOLUNTARY, you have no-say in it, as a baby and YOU DO NOT "SWEAR ANY ALLEGIANCE to acquire it! This is the "koko" we must take very good note of!)

Problem is that in almost ALL CASES of NATURALISATION, you will be required to “declare allegiance” to your new/second country.

I have only tried to clear the air of confusion, l have no interest in Ajumobi, “bleach-bleach” Ex-Governor not Oyo state.

If the letter of the law is applied, to the letter, unfortunately an painfully too, Ajumobi, the people’s choice, is a “gonner”!
My Two Cent!
Lastpage

The Supreme Court Ruling on Electoral Act 2001 and Dual Citizens/Nigerian Citizens Resident Abroad

March 28, 2002 Supreme Court Ruling on the Electoral Law 2001 with with Justice Idris Legbo Kutigi reading clearly states that a Nigerian by birth/descent can hold dual nationality and still contest for elected office in Nigeria.


http://www.dawodu.com/aluko18.htm

@Emmatok.
Going by your first post, if HE IS NOT A "NATURALIZED US CITIZEN", then NO STORY1

Again, to your second post.

The issue is NOT ABOUT the legality of having DUAL CITIZENSHIP. That is perfectly legal.
The case you sighted is about "dual citizenship".


The issue here is a constitutional one and its about "Voluntary acquisition" of second citizenship and "Declaration of Allegiance" to another country.
Did you notice that the Governor's statements DID NOT CONTEST THAT ISSUE?
He simply DENIED THE TRUTH/FALSITY OF IT.

If truly he is not a US citizen, then the petition lacks grounds and would FAIL. END of Story.

Tanx.

lastpage:

@Emmatok.
Going by your first post, if HE IS NOT A "NATURALIZED US CITIZEN", then NO STORY1

Again, to your second post.

The issue is NOT ABOUT the legality of having DUAL CITIZENSHIP. That is perfectly legal.
The case you sighted is about "dual citizenship".


The issue here is a constitutional one and its about "Voluntary acquisition" of second citizenship and "Declaration of Allegiance" to another country.
Did you notice that the Governor's statements DID NOT CONTEST THAT ISSUE?
He simply DENIED THE TRUTH/FALSITY OF IT.

If truly he is not a US citizen, then the petition lacks grounds and would FAIL. END of Story.

Tanx.

God bless you.

I think i need to join AKALA'S legal team. Because i want some of those monies from him.

emmatok:

The Supreme Court Ruling on Electoral Act 2001 and Dual Citizens/Nigerian Citizens Resident Abroad

March 28, 2002 Supreme Court Ruling on the Electoral Law 2001 with with Justice Idris Legbo Kutigi reading clearly states that a Nigerian by birth/descent can hold dual nationality and still contest for elected office in Nigeria.


http://www.dawodu.com/aluko18.htm

The Supreme Court being the highest court in the court system and in a country; a court where legal complexities are interpreted. In that sense, if the Supreme Cort ruled on a case such as this and the Majority concurred with this opinion " Recognizing dual citizenship; Nigeria as home country of birth and the other as secondary, and still has the ability to run for office in Nigeria". While the Supreme Court cannot rewrite the Constitution (it's the job of the Legislative branch not Judiciary); however,  their opinion does overwrite complex meanings into the constitution and also is a long standing precedent that cannot be overturned either.

@Lastpage, I know the question asked isn't about dual citizenship but owing allegiance to another nation; however, the Supreme Court did recognize complexities in this case; a true test will be how can you be a citizen of another country without "voluntarily acquiring and taking of allegiance of that country? I'm sure the justices performed legal test of reasoning, carefully weighed in on this opinion before concurring. If the owing allegiance depends on your dual nationality and it's clear that's ok to run for elected office(i.e. if you are a born-Nigerian), and justices sided with majority, then I honestly think the man in question is in the clear.

IMO, the Court will perform the test and see if there's any exception to that Constitutional interpretation or reverse their early opinion (which is often rare). I think if a man is born in a country, he has "BIRTH RIGHTS" and "DUTY" he owes to his country even without taking an oath. Again IMO, he question isn't whether he owe's allegiance to another country or not (because there isn't any way of acquiring a citizenship voluntarily), I think I will be asking which citizenship takes precedence over the other and it's obvious which one does,

I do not know how many people who contributed to this thread are naturalized American citizen and still insinuate Ajimobi did not renounce his Nigerian citizenship.

I am not sure there are instances in Nigeria constitution where dual citizenship is allowed or expressed. If dual citizenship is allowed in Nigeria, what are the purpose of sections182 and 28 in the constitution?

The NAS has not passed any bill that allows dual citizenship between Nigeria and any other country or vice versa. You can not acquire citizenship of every country in the world and selfishly assume your country allows dual citizenship. There must be an act of NAS that expresses such arrangement.

If Ajimobi is a naturalized citizen of USA, where he could vote and be voted as governor, he did renounce his citizenship of another country, including Nigeria, the day he attended the citizenship ceremony in USA.