I Need Answers. Dual Citizenship!

We all heard about the disqualification of Ben Murray Bruce in his great and mighty pursuit to be the PDP flag bearer for the governorship election. 
Is there anywhere in the Nigeria Constitution that says DUAL CITIZENS have no future in any elective office in Nigeria? 
I am only asking o, abeg make una answer.

Hello, are you telling NL you guys don't have the a copy each of the nations constitution, if U don't that should be your first assignment this morning . This is one of the reasons among other why our leaders behave rascally the way they do daily knowing we don't care to know what the nations constitution prescribe. I will urge we all get copies for our common good.

Hello, are you telling NL you guys don't have the a copy each of the nations constitution, if U don't that should be your first assignment this morning . This is one of the reasons among other why our leaders behave rascally the way they do daily knowing we don't care to know what the nations constitution prescribe. I will urge we all get copies for our common good.

Relax101:

The jury remains out on this subject, but here is a view offered by Yemi Oke, LL.M , LL.B (Iorin); B.L (Abuja)

Legal Opinion:
Upon careful examination of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 [hereinafter CFRN], it is my considered opinion that:

a) Citizenship in General
1) There is nothing in the CFRN that precludes Nigerian citizens by birth (as against those by registration and naturalization) from holding dual citizenship ("dual citizenship" meaning Nigerian citizenship and that of any other country) while seeking elective office(s).
2) The position of the CFRN is stated in Chapter III on Citizenship.
3) Sections 25-28 of the chapter deals with three classes of citizenship (birth, registration and naturalization).
4) Section 25 (1) (a-c) deals with citizenship by birth. It confers Nigerian citizenship on any person born by Nigerian parent(s) (that is of which either father or mother is a Nigerian); including those borne by any of such parent(s) of Nigerian citizenship outside the country.
5) Section 26 deals generally with citizenship by registration, while section 27 deals with citizenship by naturalization in general.
6) Section 28 deals with the issue dual citizenship and forfeiture of citizenship. It provides:
"Section 28 (1):
subject to other provisions of this section, a person shall forfeit forthwith his citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship of or nationality of a country, other that Nigeria, of which he is not a citizen by birth.
b) Political Offices and Disqualifications:
7) A number of provisions are contained in the CFRN 1999 on disqualifications from seeking elective offices on ground of citizenship.
Section 66 provides for disqualification from seeking election into the National Assembly (House of Reps and Senate); section 107 deals with similar situation as to House of Assembly; section 137 for President and section 182 for Governors.
9) The wordings of the sections are the same with variations as to offices (e.g. President, National Assembly, House of Assembly, or Governor). For this purpose, the relevant provisions as to the National Assembly are adopted as a guide, for purposes of legally analyzing the content of this legal opinion.
10) It provides:
"Section 66 (1) No person shall be qualified for election to the Senate or the House of Representatives if-
a) subject to 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;

The above sections are highlighted and underlined for legal reasons. When a legal provision starts with "subject" or related clauses, it means that the section is read subject (in tandem) with the section indicated.

For purposes of this opinion, it is clear from the above provisions that sections 66(1); 107 (1); 137 (1); and 182 (1) as they relate to offices of National Assembly, State House of Assembly, President, and Governor respectively are subject to the provisions of section 28 of the CFRN 1999.

As earlier indicated, section 28 states clearly that dual citizenship is allowable where one qualifies as a Nigerian by Birth as contained (above) in section 25 (1) (a-c). The only instance in which forfeiture of citizenship is allowed under the CFRN 1999 is by holders of: i) citizenship by registration under section 26; and ii) citizenship by naturalization, under section 27.
Conclusion:
Based on the above analyses, it is my considered opinion that a Nigerian by BIRTH can retain, and maintain dual citizenship for purposes of seeking any elective office(s) in Nigeria till date, subject to any amendment to the Constitution or any new law passed by the National Assembly to the contrary as contained in the above provisions.

Source: http://www.utexas.edu/conferences/africa/ads/1515.html

To take political office in Nigeria, you must renounce any foreign citizenship. And yes, it is in the constitution.

Beaf:

To take political office in Nigeria, you must renounce any foreign citizenship. And yes, it is in the constitution.

When did Bankole renounce his foreign citizenship?

When did David Mark renounce his Belizean citizenship?

eGuerrilla:

When did Bankole renounce his foreign citizenship?

When did David Mark renounce his Belizean citizenship?

Why don't you ask them, sir?
It is against the provisions of the constitution. Period.

Beaf:

Why don't you ask them, sir?
It is against the provisions of the constitution. Period.

Why should I ask them?
I only cited those two examples to show how inexact (and fluid as some have been known to argue) the provisions of our constitution are.

And your insightful response is: why don't you ask them, sir?

eGuerrilla:

Why should I ask them?
I only cited those two examples to show how inexact (and fluid as some have been known to argue) the provisions of our constitution are.

And your insightful response is: why don't you ask them, sir?

Do you have their passports in your lap? How do you know?

First it is. . .

Beaf:

Why don't you ask them, sir?
It is against the provisions of the constitution. Period.

Then

Beaf:

Do you have their passports in your lap? How do you know?

I travel, I read, I have a fair idea how these things work.
I also recognise an attempt to stultify discussion when I see one - by a political apparatchik, perhaps.

Beaf,
I believe you are being disingenuous on this issue,  eguerrilla posted an opinion written by a legal scholar in which there appears to be no ambiguity on the rights of Nigerian citizens  to hold or contest any public office.

Maybe the way out of this is for the Supreme Court to rule on the issue because the subject is bound to come again in the near future.

My opinion is that it is intellectually bankrupt for anyone to suggest Nigerian citizens should forfeit their right to contest public office based on dual nationality.

@eGuerrilla

You are funny indeed!
You asked me two aggressive sounding questions (more like statements without proof) and I asked to to go make your enquiries directly.
Then you came back with the same stuff and I asked you if their passports were in your lap (obviously they are not).

And now you've come up with this:

eGuerrilla:

I travel, I read, I have a fair idea how these things work.
I also recognise an attempt to stultify discussion when I see one - by a political apparatchik, perhaps.

Care to share what you read? Links? Or how your travels have made you learn firm things about David Marks and Bankole's citizenship statuses?
Give it a break. Peddling rumours is not a good thing.

kuramo:

Beaf,
I believe you are being disingenuous on this issue, eguerrilla posted an opinion written by a legal scholar in which there appears to be no ambiguity on the rights of Nigerian citizens to hold or contest any public office.

Maybe the way out of this is for the Supreme Court to rule on the issue because the subject is bound to come again in the near future.

My opinion is that it is intellectually bankrupt for anyone to suggest Nigerian citizens should forfeit their right to contest public office based on dual nationality.

When did legal opinions become the law?

in nigeria, never say never is the general rule.

Don't see why someones dual citizenship should matter.

Thes case of Dual Citizenship and the right to contest for a political office in Nigeria is already settled in the law suit filed (SUIT NO. FHC/ABJ/CS/28/07)  at Federal High Court in 2007 between:   

PROF. ISA ODIDI, HON. OLUWAFOLAJIMI AKEEM BELLO (NEW DEMOCRATS PARTY)……PLAINTIFFS
     
VS

INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)                                           
PROFESSOR MAURICE IWU (CHAIRMAN INDEPENDENT NATIONAL ELECTORAL COMMISSION)……DEFENDANTS 

Bottom line, if you are a citizen of Nigeria by birth, the law of the land allows you to hold dual citizenship, and your dual citizenship does not disqualify you from contesting for any political office in Nigeria. However, if you are a naturalized citizen of Nigeria and hold dual citizenship with other country, you are not allowed to contest for any political office in Nigeria. I hope this answer your question.

See the verdict render by appeal court and federal high court below.

http://www.nigerianmuse.com/important_documents/?u=Odidi_Bello_Dual_Citizenship_Judgement.htm

In the case of Ogbeide vs Osula [2004] 12 NWLR part 886 page 86 at 138

         Adeniji (JCA) Justice Court of Appeal delivering lead Judge held as follows

         at page 127.

       

         B.   Section 29 deals with the issue of renunciation of a persons Nigerian

                citizenship while Section 25 deals with categories of Nigerian

                citizens. In other words, a person who is a citizen of Nigeria by birth

                cannot have such citizenship forfeited or become ineligible to



         C.    contest such elections under any circumstances even where Section

                65(1) is read with Section 1 37, a person who is not a citizen of

                Nigeria can he so registered, but where he is not a citizen of that other

                country by birth, his registration will be conditioned on the

                renunciation of his citizenship of that other country. In other words,

                renunciation of

       

         D.    citizenship does not apply to a citizen of this country by birth.

                The tribunal however held on page 121 paragraph 2 of the record that

                a Nigerian citizenship by his acquisition as the citizenship of another

                country, he would stand disqualified from being a member of the

       

         E.     National Assembly if he holds such dual citizenship or has subscribed

                 to an oath of allegiance to any other country. That I must say with

                 due respect, is not contained in the Section under scrutiny. What one

                 can make of that Section read with Sections 25, 26 and 27 of the 1999

                 Constitution is that a citizen of this country by birth never loses his

                 citizenship even where he holds dual citizenship of another country

                 and cannot be disqualified from contesting election into the House of

                 Representative for reasons only that he holds such dual citizenship.

       

         Section 137 provides for instance of disqualification while section 28 deals

         principally with the question of dual citizenship. By the decision of His

         Lordship Adeniji (JCA) Justice Court of Appeal page 127, "a person who is

         a citizen of Nigeria by birth cannot have such citizenship forfeited or

         became ineligible to contest election under any circumstance even where

         Section 65(1) in the present case Section 28 is read together with section 137

         of 1999 Constitution.

       

         The above case is in all fours with the present suit and by the doctrine of

         stare decises I am bound by the decision of the appellate Court. I adopt

         same as mine and hold that the 1999 Constitution of Federal Republic of

         Nigeria recognizes dual citizenship and same cannot be a hare for Plaintiffs

         to contest election especially when they are Nigerians by birth. I so hold.

       
         Accordingly reliefs 1, 2, 3 and 5 are granted, while relief 4 is refused.

@IVY-Nerd, the supreme court is yet to rule on this matter. Akala may yet return as the governor of Oyo. Ajimobi is a dual citizen and Akala's lawsuit has not yet been adjudicated.

OASN,

Who in his or her right mind would drop an international citizenship for Nigeria?

I dont think so.

Ileke-IdI:

OASN,

Who in his or her right mind would drop an international citizenship for Nigeria?

I dont think so.

hehehe!  I no fit do am o!

even if the supreme court has not adjudicated it, the law as interpreted by the federal high court ruling as posted by IVY-Nerd is simple and straight forward enough. it makes sense. so to me it is settled. those waiting for supreme court ruling will be disappointed. you cannot deny a natural born Nigerian right to holding political office. you may do that to a naturalized Nigerian, not a natural born one.

you need to really think twice befor you go into this. Any International Citizenship outside the following ( America, Britain,Germany and Canada) just may not really be resonable to drop Nigeria Nationality for it.
thanks

@ndu_chucks, Supreme court does not need to rule since there is no judgement ambiguity on the part of Appeal court. Beside, appeal court verdict is a "Stare Decisis" that set precedent for any other legal issues that may arise on this matter. In legal world, Stare Decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions.

The only way Supreme court will rule on this matter is if there is no clarity on the interpretation, which is not the case in this matter, or other appeal court's judgement contradicts prior verdict issued by Justice Adeniji. As far as I can tell, the principle of "stare decisis" is likely to be obeyed by any judges adjudicating on this issue.

As far as i know, Alao Akala is wasting is time challenging Ajumobi's citizenship, if his lawyers can't prove that Ajumobi wasn't born in Nigeria, His case is tenuous and will likely loose.

@IVY-Nerd, things are not exactly in black and white as they seem to you. Keep in mind that one of the requirements of naturalization in the USA is the renunciation of the citizenship of Nigeria, if u are a Nigerian citizen? Since Ajimobi runounced his Nigerian citiizenship before becoming a US citizen, I wouldn't say with the kind of certainty you exude, that the supreme court will rule against Akala. If Ajimobi were the citizen of another country which does not require renunciation, then I may agree with you.

The real question is will the Nigerian Supreme court recognize the renunciation of Nigerian citizenship which is part of the US naturalization ceremony? Note that A Nigerian born in the USA to Nigerian parents has dual citizenship without the requirement of renunciation. I'm sure Ajimobi does not fall in this category. Time will tell sha.

ndu_chucks:

@IVY-Nerd, things are not exactly in black and white as they seem to you. Keep in mind that one of the requirements of naturalization in the USA is the renunciation of the citizenship of Nigeria, if u are a Nigerian citizen? Since Ajimobi runounced his Nigerian citiizenship before becoming a US citizen, I wouldn't say with the kind of certainty you exude, that the supreme court will rule against Akala. If Ajimobi were the citizen of another country which does not require renunciation, then I may agree with you.

The real question is will the Nigerian Supreme court recognize the renunciation of Nigerian citizenship which is part of the US naturalization ceremony? Note that A Nigerian born in the USA to Nigerian parents has dual citizenship without the requirement of renunciation. I'm sure Ajimobi does not fall in this category. Time will tell sha.

That right there is a false statement. The only time you have to renounce your citizenship in the US is if you're trying to get a Security Clearance. They (The US government) really don't care much about that as long as your other country of citizenship allows you and also as long as it does not affect your allegiance to the US.
Fact: There are millions of naturalized Nigerians that are dual citizens. Look it up

layifioren:

That right there is a false statement. The only time you have to renounce your citizenship in the US is if you're trying to get a Security Clearance. They (The US government) really don't care much about that as long as your other country of citizenship allows you and also as long as it does not affect your allegiance to the US.
Fact: There are millions of naturalized Nigerians that are dual citizens. Look it up

There is no falsity in my previous post. Most people are not aware of the contents of the oath of allegiance that must be taken by all immigrants who wish to become United States citizens. They take the oath at the last minute when they are too excited to change their minds. Once again the supreme court of Nigeria is yet to rule on the matter. I reproduce the United states Oath of Allegiance below:

The current oath is as follows:
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 the 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

ndu_chucks:

There is no falsity in my previous post. Most people are not aware of the contents of the oath of allegiance that must be taken by all immigrants who wish to become United States citizens. They take the oath at the last minute when they are too excited to change their minds. Once again the supreme court of Nigeria is yet to rule on the matter. I reproduce the United states Oath of Allegiance below:

The current oath is as follows:
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 the 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

can you put the link to the location of this OATH quote? i'd like to have a look

ndu_chucks:

There is no falsity in my previous post. Most people are not aware of the contents of the oath of allegiance that must be taken by all immigrants who wish to become United States citizens. They take the oath at the last minute when they are too excited to change their minds. Once again the supreme court of Nigeria is yet to rule on the matter. I reproduce the United states Oath of Allegiance below:

Do you really know the process of renouncing one's foreign citizenship? Trust me on this one there is more to it than what you just quoted. Go ahead and do some more research about naturalized dual citizenship. This is my territory amigo. I know all about this one kampe. Not trying to sound condescending; are you a naturalized US citizen?

walcolm:

can you put the link to the location of this OATH quote? i'd like to have a look

Look up the law:  8 C.F.R. Part 337 (2008) .

@layifioren. The oath speaks for itself. You are required to take this oath before becoming naturalized citizen, its the last thing you do before a judge "welcomes you to america" My own view is that, the Nigerian supreme court is yet to rule on the matter and to claim that one knows which way the ruling will go is foolhardy.

ndu_chucks:

Look up the law: 8 C.F.R. Part 337 (2008) .

@layifioren. The oath speaks for itself. You are required to take this oath before becoming naturalized citizen, its the last thing you do before a judge "welcomes you to america" My own view is that, the Nigerian supreme court is yet to rule on the matter and to claim that one knows which way the ruling will go is foolhardy.

I don't want us to digress from the original post so this will be the last time I'll post about this. Just remember this, there is more to renouncing one's foreign citizenship than what you quoted earlier. I'll also put it this way, the oath is just a check list. How is it possible for someone to renounce their citizenship at a naturalization ceremony and then go back home with their foriegn passport? Like I said, they (US government) really don't care about dual citizenship as long as it doesn't affect your allegiance to the US

@Beaf,

Why don't you ask the two principals you are fielding for to issue unequivocal denials on a matter of public interest?
This is how such matters are handled in saner climes, no?

layifioren:

I don't want us to digress from the original post so this will be the last time I'll post about this. Just remember this, there is more to renouncing one's foreign citizenship than what you quoted earlier. I'll also put it this way, the oath is just a check list. How is it possible for someone to renounce their citizenship at a naturalization ceremony and then go back home with their foriegn passport? Like I said, they (US government) really don't care about dual citizenship as long as it doesn't affect your allegiance to the US

You asked: How is it possible for someone to renounce their citizenship at a naturalization ceremony and then go back home with their foriegn passport? The answer is because of lack of enforcement of laws.  This is not an issue of whether the US government cares about dual citizenship, but an issue of whether the Nigerian supreme court will not recognize the renounciation of Nigerian citizenship as done in a sworn oath, in the presence of a judge, as part of US naturalization process. Time will tell.

BTW, if you are already a dual citizen in the USA, there is a separate and elaborate process of renouncing your citizenship of any country. This is not what we are talking about here.