isan:
Op u mean chukwudi can now contest for kano state governor? if I hear

ideally!

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.

Brilliant. Basically, a child born to two non-British citizens, on British soil, cannot automatically become a British citizen. Chai, America is good oh . Anyone, born here in the US, gains automatic citizenship; thanks to the 14th amendment to the US constitution.

publicenemy:
So only Nigeria, United States and Canada can give citizenship by birth...



But nobody send Naija...

Not really. The US and Canada give citizenship by birth. But to be officially a Nigerian citizen by birth, at least one of the child's parents must be a Nigerian citizen. For example, if Beyonce and Jay-Z give birth to a child in Enugu, that child is still a foreigner.

Raheem2386:
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.

Yes. As long as you're a Nigerian citizen by birth.

Nooo. In the case of Nigeria, you are only a citizen by birth if either of your parent is Nigerian. Meaning that if you and ur spouse are foreigners living in Nigeria, and then give birth to child in Nigerian soil, that child is not a citizen of Nigeria. Unlike in the United States and Canada

publicenemy:
So only Nigeria, United States and Canada can give citizenship by birth...





But nobody send Naija...

I think as a Citizen of Nigeria, One can run for any office in any state, whether indigene or not.

CFCfan:

I believe that "state of origin" is the same a being an "indigene" of a state. Now, the constitution says that one has to be an "indigene" of a state in order to contest for the governorship position. And one's state of origin is determined by where the father comes from. So, you are limited to contesting for political office in Delta.

Exactly. And I love Nigeria because of that.

CFCfan:


Not really. The US and Canada give citizenship by birth. But to be officially a Nigerian citizen by birth, at least one of the child's parents must be a Nigerian citizen. For example, if Beyonce and Jay-Z give birth to a child in Enugu, that child is still a foreigner.

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.

Nigeria Constitution is very direct on the issue of citizenship by birth. By our constitution, a citizenship by birth can never be taken away by any act of our constitution regardless of the situation. It is a right you have until death do you apart.
However, your right as a citizen can be denied if you are find guilty of criminal offense. Becoming a naturalize citizen of another country is not a criminal offence under our constitution, therefore, being a naturalize citizen of another country does not take away your citizen's rights and privileges as a Nigerian by birth.

paulbets:
I think as a Citizen of Nigeria, One can run for any office in any state, whether indigene or not.

Correct

LFJ:


Nigeria Constitution is very direct on the issue of citizenship by birth. By our constitution, a citizenship by birth can never be taken away by any act of our constitution regardless of the situation. It is a right you have until death do you apart.
However, your right as a citizen can be denied if you are find guilty of criminal offense. Becoming a naturalize citizen of another country is not a criminal offence under our constitution, therefore, being a naturalize citizen of another country does not take away your citizen's rights and privileges as a Nigerian by birth.

Great info.

You stated: "By our constitution, a citizenship by birth can never be taken away by any act of our constitution regardless of the situation. " I'd appreciate if you could provide the constitutional provision which states that a renounciation of the said citizenship by a person, having duly sworn to renounce the same, cannot or will not be honoured by Nigeria. As far as I can tell, the supreme court is yet to weigh in on this issue.

Raheem2386:
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.

You will be able to do that as soon as the Amendments to the current constitution are ratified. The provision which would allow you to do that is included in the Amendments.

nduchucks:


Great info.

You stated: "By our constitution, a citizenship by birth can never be taken away by any act of our constitution regardless of the situation. " I'd appreciate if you could provide the constitutional provision which states that a renounciation of the said citizenship by a person, having duly sworn to renounce the same, cannot or will not be honoured by Nigeria. As far as I can tell, the supreme court is yet to weigh in on this issue.

According to Section 29.(1) "Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.

(2) The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.

(4) For the purposes of subsection (1) of this section.
(a) "full age" means the age of eighteen years and above;

(b) any woman who is married shall be deemed
to be of full age.

Therefore, I believe a 'renunciation' of Nigerian citizenship by a citizen by birth in a foreign country is not recognized in Nigeria. The individual is still a bonafide citizen until the provisions of the aforementioned section are fulfilled.

Very correct. And that's why I love this country

LFJ:


Nigeria Constitution is very direct on the issue of citizenship by birth. By our constitution, a citizenship by birth can never be taken away by any act of our constitution regardless of the situation. It is a right you have until death do you apart.
However, your right as a citizen can be denied if you are find guilty of criminal offense. Becoming a naturalize citizen of another country is not a criminal offence under our constitution, therefore, being a naturalize citizen of another country does not take away your citizen's rights and privileges as a Nigerian by birth.

CFCfan:


According to Section 29.(1) "Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.

(2) The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.

(4) For the purposes of subsection (1) of this section.
(a) "full age" means the age of eighteen years and above;

(b) any woman who is married shall be deemed
to be of full age.

Therefore, I believe a 'renunciation' of Nigerian citizenship by a citizen by birth in a foreign country is not recognized in Nigeria. The individual is still a bonafide citizen until the provisions of the aforementioned section are fulfilled.

I hope you are right because I'm not so sure that it is as black or white as it appears on the surface. There are one or two cases out there which will give the Supreme court the opportunity to settle the matter once and for all.

nduchucks:


I hope you are right because I'm not so sure that it is as black and white as it appears on the surface. There are one or two cases out there which will give the Supreme court the opportunity to settle the matter once and for all.

Sure, I'll look out for media reports on those cases.

Okay!

nduchucks:


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.

You are incorrect! Take a look at the link below directly from the state department in regards to dual citizenship:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

abbey621:


You are incorrect! Take a look at the link below directly from the state department in regards to dual citizenship:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

No one is disputing the legality of dual citizenship. The issue at hand is renunciation of Nigeria citizenship in a foreign court such as the USA. Read the rest of my posts on the thread.

nduchucks:


No one is disputing the legality of dual citizenship. The issue at hand is renunciation of Nigeria citizenship in a foreign court such as the USA. Read the rest of my posts on the thread.

Please read the document carefully, you are never required to renounce your citizenship before becoming a U.S citizen rather you are required to swear allegiance to the United State and that country. Simply put, you must follow the laws of both countries.

For your convenience I have copied part of the document below:

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.

Looking at the bold part of the quote, I think you'll agree with me that Nigerian born citizens are not required to forego their citizenship in order to become U.S citizens.

abbey621:


Please read the document carefully, you are never required to renounce your citizenship before becoming a U.S citizen rather you are required to swear allegiance to the United State and that country. Simply put, you must follow the laws of both countries.

For your convenience I have copied part of the document below:

Well let me inform you of the applicable law in the USA:

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

The oath below speaks for itself . You are required to take this oath before becoming a naturalized U.S. citizen, its the last thing you do before a judge "welcomes you to America"

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.


You people need to read the oath carefully before taking it. So Oga, if you are a naturalized US citizen you renounced your Nigerian citizenship. It is left to the Nigerian supreme court to state otherwise. Until then..........

nduchucks:


Well let me inform you of the applicable law in the USA:

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

The oath below speaks for itself . You are required to take this oath before becoming a naturalized U.S. citizen, its the last thing you do before a judge "welcomes you to America"

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.


You people need to read the oath carefully before taking it. So Oga, if you are a naturalized US citizen you renounced your Nigerian citizenship. It is left to the Nigerian supreme court to state otherwise. Until then..........

Forget about the Oath, it holds no weight in regards to dual citizenship, it's just as if saying the pledge of allegiance of the United States. The link I provided you is directly from the state department which recognizes dual citizenship. That is the official law when it comes to immigration matters and for the record no person has ever lost U.S citizenship for maintaining dual citizenship. Furthermore if the oath was to be taken seriously, then all naturalized U.S citizens would have renounced their former citizenship meaning you can't travel to Nigeria or any other country with another passport, now since we know that to be false there's no need arguing here. The problem with Nigerians such as yourself is you take the law word for word not knowing that 9/10th of the law is subject to interpretation!

abbey621:


Forget about the Oath, it holds no weight in regards to dual citizenship, it's just as if saying the pledge of allegiance of the United States. The link I provided you is directly from the state department which recognizes dual citizenship. That is the official law when it comes to immigration matters and for the record no person has ever lost U.S citizenship for maintaining dual citizenship. Furthermore if the oath was to be taken seriously, then all naturalized U.S citizens would have renounced their former citizenship meaning you can't travel to Nigeria or any other country with another passport, now since we know that to be false there's no need arguing here. The problem with Nigerians such as yourself is you take the law word for word not knowing that 9/10th of the law is subject to interpretation!

Dis one na new analysis o. So some laws in the books with citations are not applicable because as you stated, they are not official. Chai, come and see American wonder!

nduchucks:


Dis one na new analysis o. So some laws in the books with citations are not applicable because as you stated, they are not official. Chai, come and see American wonder!

Brother cool down! You quoted the Oath taken during U.S citizenship which is subject to interpretation, I provided you a link to the state department which does the interpretation. In case you don't know what the state department is, you might try using google to look them up, when it comes to immigration in the United States of america, they run things. For your enjoyment, here's the link again:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

This is not my opinion but fact, now unless you work for the United state's judiciary or you know someone who does, don't argue!

the US currently recognizes dual nationality of foreign born US citizens, but not for US born citizens unless it was automatically acquired.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

CFCfan:

On the Ajimobi case, Ajimobi was merely a permanent resident a.k.a. Green-card holder in the United States. The Green card doesn't confer US citizenship; it only authorizes the holder to live and work in America.
So that was the basis on which Akala's petition was thrown out.

what about bankole who even served in the british army?

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.

Getting US citizen requires the showing of residency in the US, but once you get your your US citizen, you are not required to maintain any US residency.

Though, you can loss your US naturalized citizenship, but it is not easy to loss it and can only be ordered by a Judge...Also, it is hard to find anyone whose US citizenship was revoked , Judges are not willing to grant that request even in extreme cases. People that have so far lost their US citizenship did so voluntarily even at that, any doubt is usually resolved in their favor.

aaidel:


what about bankole who even served in the british army?

Constitutionally, as long as one of his parents is a Nigerian, he is still officially a Nigerian citizen by birth.

However, Nigerian case law may or may not have addressed the issue of whether a Nigerian serving in a foreign military force could still be regarded as a citizen.

CFCfan:

Constitutionally, as long as one of his parents is a Nigerian, he is still officially a Nigerian citizen by birth.

However, Nigerian case law may or may not have addressed the issue of whether a Nigerian serving in a foreign military force could still be regarded as a citizen.

alright thanks i personally think serving in a foreign military should nullify your citizenship but thats just me as for holding public office in general i think you should be born here and live a considerable amount of your adult life here to be considered eligible

aaidel:


alright thanks i personally think serving in a foreign military should nullify your citizenship but thats just me as for holding public office in general i think you should be born here and live a considerable amount of your adult life here to be considered eligible

Even in the US, one cannot contest for a governorship position if he/she hasn't been a resident for a state for a specified number of years.

CFCfan:

Even in the US, one cannot contest for a governorship position if he/she hasn't been a resident for a state for a specified number of years.

yeah but in nigeria we let tribalism cloud our judgements you see an igbo guy who has lived in the north all his life not allowed to run for office but being told to go back to where he is originally from all these things hold us back but we pretend like we don't realize that

Nigerian Citizenship Eligibility With Regard To Elected Offices

linearity:


Getting US citizen requires the showing of residency in the US, but once you get your your US citizen, you are not required to maintain any US residency.

Though, you can loss your US naturalized citizenship, but it is not easy to loss it and can only be ordered by a Judge...Also, it is hard to find anyone whose US citizenship was revoked , Judges are not willing to grant that request even in extreme cases. People that have so far lost their US citizenship did so voluntarily even at that, any doubt is usually resolved in their favor.

You are right, I just looked it up, the law was modified some years ago and U.S citizens need not maintain residency in the U.S....very good info thanks!