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Nigerian By Birth: A Dissection Of Atiku's Citizenship - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Nigerian By Birth: A Dissection Of Atiku's Citizenship (18311 Views)

I’m Nigerian By Birth, Says Atiku- PUNCH / Atiku’s Citizenship And Buhari’s Illiterate Lawyers By Prof. Farooq Kperogi / Kazeem Tanimu Replies APC About Atiku’s Citizenship Claims, Calls Them Lairs (2) (3) (4)

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Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 8:58am On Apr 15
Here is what the Nigerian constitution means when it says being a Nigerian Citizen by birth, as being referenced by APC in their defence of the suit brought against them Atiku:

By birth-namely- (a) Every person born in Nigeria after the date of independence (October 1, 1960), 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 outside Nigeria either of whose parents is a citizen of Nigeria.

(2) In this section, "the date of independence" means the 1st day of October 1960.

https://en.wikipedia.org/wiki/Nigerian_nationality_law

Going by this, even Buhari is not fit to be the president of Nigeria as he wasn't given birth to, a Nigerian.


Another view by punch Newspapers



Over the weekend, the All Progressives Congress boldly claimed that the candidate of the Peoples Democratic Party in the 2019 presidential election, Alhaji Atiku Abubakar, is not a citizen of Nigeria by birth and he ought not to have been allowed to contest the election. Since the matter might set a perilous precedent, if left unattended to, we have found it pertinent to make a resolution of some of the key legal issues arising therefrom.

In a constitutional democracy, the different ways, by which citizenship can be acquired, are clearly stipulated in the constitution. By virtue of Section 25, 26 and 27 of the 1999 Constitution of the Federal Republic of Nigeria, 2011 as amended, a person can become a citizen of Nigeria by one of these three ways: by birth, registration and naturalisation. Since the fulcrum of this discussion is on citizenship by birth, the two other methods of acquiring citizenship will not be discussed in detail.

Section 25 of the Constitution provides thus: 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. (2) In this section, “the date of independence” means the 1st day of October 1960.



It is true that the above constitutional provision can be easily appreciated by a mind that is unpolluted with political prejudices. In fact, the Supreme Court in Shugaba v. Minister of Internal Affairs (1981) 1 NCLR 459 gave judicial approval and interpretation to that particular section.

The next issue to be determined, therefore, is, owing to Atiku’s ancestral link with Northern Cameroon, can he be said to be “born in Nigeria before the date of independence”? Can it also be said that his parents or grandparents belongs or belonged to a community indigenous to Nigeria?

Before answers are given to these sacrosanct questions, let it be said that for our laws to be properly understood, an appreciation of the history before the advent of that particular law, or that which led to the promulgation of such a law, must be taken into consideration. On this issue, too, a quick sojourn into the history of Alhaji Atiku Abubakar and that of his people must be embarked on.

Atiku was born November 25, 1946 (before independence) in Jada town in Adamawa. He is an indigene of the same town. As Premium Times reported, Jada used to be in Ganye Local Government Area of Adamawa State. This area was never part of Nigeria legally until the February 1961 plebiscite in which the people of the then Northern Cameroon voted to join Nigeria. Atiku’s father was from Jada Village of the old Northern Cameroon.

Can someone born before independence outside Nigeria in a community not indigenous to Nigeria become a Nigerian by birth? NO! But Atiku’s case is different. After the plebiscite that made Northern Cameroon part of Nigeria in 1961, all the people of Northern Cameroon, whether born before or after 1960, were seen as Nigerians and all the communities therein became indigenous to Nigeria. Therefore, the legal implication of the 1961 plebiscite is that all communities of the “British Cameroon” are deemed to be communities indigenous to Nigeria. In fact, the people in Northern Cameroon were not part of the Republic of Cameroon, but they belonged to a geographical territory controlled by the British Colonial masters.

To buttress the argument canvassed above, Section 10 of the 1963 Constitution is to the effect that those who became Nigerians by virtue of the February 1961 plebiscite are deemed to be citizens of Nigeria by birth and their communities are indigenous to Nigeria.

From the above, it requires little or no imagination to detect that Atiku and in fact, anyone from the communities that joined Nigeria by plebiscite in 1961 are citizens of Nigeria by birth. Consequently, they can eligibly run for the office of the President of the Federal Republic of Nigeria under Section 131(a) of the 1999 Constitution and any political office, whatsoever, without any hindrance once other constitutional requirements are met.

Lord Denning has long said that words are not instruments of mathematical precision. Our courts have consistently posited that where the strict application of the plain, ordinary and grammatical meaning of words used in legislation will amount to absurdity, inconsistency and miscarriage of justice, the court should modify the words with a secondary meaning that is capable of bearing (Okeke v. A.G. Anambra State (1992) 1 NWLR 60).



Several factors are put into consideration in the interpretation of law. If by any means the application of the plain letters of law to a set of facts will amount to absurdity or miscarriage of justice, the court of justice will be quick to reject such an evil attempt and stand on the firm side of law i.e. justice.

An attempt to twist history for the satisfaction of political prejudices should not be allowed to stand. If the votes of those “affected” areas can be counted as valid in elections, if those areas are recognised by the Constitution under Section 3, if revenue can be generated from that same area, why then should they be treated as aliens in their country? This is brewing another crisis in the country. The engine behind this controversy should watch it.


https://punchng.com/a-dissection-of-the-law-on-atikus-citizenship/

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by Kundagarten: 9:16am On Apr 15
None of us are Nigerians, when did my people agree to be part of Nigeria?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 10:34am On Apr 15
Kundagarten:
None of us are Nigerians, when did my people agree to be part of Nigeria?

Abi. Cc lalasticlala

2 Likes

Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 10:39am On Apr 15
Being a citizen or qualifying to a position by the virtue of being Nigerian by birth, mean that you were given birth to after 1960.

cc ngeneukwenu deomelo and the host of zombies.

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by NgeneUkwenu(f): 10:44am On Apr 15
naijapips04:
Being a citizen or qualifying to a position by the virtue of being Nigerian by birth, mean that you were given birth to after 1960.

cc ngeneukwenu deomelo and the host of zombies.

What are you insinuating? Are you more learned than the 18 SANs on APC defence team?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 10:46am On Apr 15
NgeneUkwenu:


What are you insinuating? Are you more learned than the 18 SANs on APC defence team?

I am quoting your constitution for you. Are your 18 SANs more learned than the Nigerian constitution? what does being a Nigerian by birth mean according to the constitution?

102 Likes 13 Shares

Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by NgeneUkwenu(f): 10:46am On Apr 15
naijapips04:
Being a citizen or qualifying to a position by the virtue of being Nigerian by birth, mean that you were given birth to after 1960.

cc ngeneukwenu deomelo and the host of zombies.


Why did you leave Section 25, Subsection a) which states thus, and I reproduced

(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

Are you trying to be clever by half?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by NgeneUkwenu(f): 10:48am On Apr 15
naijapips04:


I am quoting your constitution for you. Are your 18 SANs more learned than the Nigerian constitution? what does being a Nigerian by birth mean according to the constitution?

You are not quoting the whole Sections which deals with or before?

Look at here:

Section 25, Subsection A)

(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

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 10:48am On Apr 15
NgeneUkwenu:
[s]


Why did you leave Section 25, Subsection a) which states thus, and I reproduced



Are you trying to be clever by half?

[/s]

so what indigenous Nigerian community does Buhari's father, a fulani marauder belong to?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by NgeneUkwenu(f): 10:49am On Apr 15
So which one did Athiefku and His Jada People fall into?

Before or After Independence? grin

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by NgeneUkwenu(f): 10:50am On Apr 15
naijapips04:
[s][/s]

so what indigenous Nigerian community does Buhari's father, a fulani marauder belong to?

Stop diverting attention, we are dealing with Athiefku Status here.

If you are in doubt of that of President Buhari, kindly approach the courts for adjudication. angry

27 Likes 4 Shares

Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 10:55am On Apr 15
NgeneUkwenu:


You are not quoting the whole Sections which deals with or before?

Look at here:

Section 25, Subsection A)

(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

British cameroon has never been part of any other entity than Nigeria. Same way Bakassi peninsula had always been in Nigeria. British cameroon was and had never been part of the country called cameroun.

At least we know about Atiku's history. How come you tell us where Buhari's marauding Fulani father is from?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by rummmy(f): 11:02am On Apr 15
So is atiku from Cameron or Britain?that territory was under Britain as at when he was born...
Buhari should quietly go back to Sudan in peace before it will be too late for him to go

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 11:12am On Apr 15
rummmy:
So is atiku from Cameron or Britain?that territory was under Britain as at when he was born...
Buhari should quietly go back to Sudan in peace before it will be too late for him to go

The territory was under britain as was Nigeria. That territory was never a cameroonian territory.

Buhari should tell us where his father is from since he's claiming Nigerian.

31 Likes 2 Shares

Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 11:15am On Apr 15
NgeneUkwenu:


Stop diverting attention, we are dealing with Athiefku Status here.

If you are in doubt of that of President Buhari, kindly approach the courts for adjudication. angry

So where is Buhari's father from?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 11:34am On Apr 15
buhariguy:
This is the problem with idiotic pigs,

so because Britain was the colonial master of that territory call British Cameroon, it now automatically become nigeria citizen by birth,
punch editorial are even worst than idiotic pigs.
so why not tell Ghanian to come rule Nigeria, since Britain is their colonial master like Nigeria. This is the problem with idiotic pigs,

so because Britain was the colonial master of that territory call British Cameroon, it now automatically become nigeria citizen by birth,
punch editorial are even worst than idiotic pigs.
so why not tell Ghanian to come rule Nigeria, since Britain is their colonial master like Nigeria.

shut up zombie. Was British cameroons (BC) ever a cameroonian territory before? stop sounding like a bitter donkey

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by Ratello: 11:54am On Apr 15
NgeneUkwenu:


What are you insinuating? Are you more learned than the 18 SANs on APC defence team?

So the opinions of 18 financially induced clownish SANZ represent the opinions of other SANs right?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 12:00pm On Apr 15
buhariguy:
two things I want idiotic pigs to know.
1. we are seen al Cameroon thief atiku as a Nigerian and jada as indigenous community of Nigeria, thief atiku is one of us by plebiscite.
2. jada be a Britain Cameroon will automatically become Nigeria territory even before 1960 because British was their colonial master like Nigeria.
how can that possible,
so British is the colonial master of Ghana, does that make a Ghanian to come and rule us? no.

i can barely understand your bleating. Y'all have seen your arguments fall yakata like a park of cards so the wailing.

British Cameroons was never

1. A cameroonian entity
2. Was never a country of its' own.

The only country british cameroons has ever been part of is Nigeria. Making Atiku a bonafide born and breed Nigerian cool

Now where is Buhari's father from?

21 Likes 1 Share

Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by buhariguy(m): 12:08pm On Apr 15
naijapips04:


shut up zombie. Was British cameroons (BC) ever a cameroonian territory before? stop sounding like a bitter donkey
was British Cameroon ever a Nigeria territory before 1960?.

idiotic pigs are trying by all means to tell us that their terrorist porn.star nnamdi kanu is insane.
porn.star said Cameroonian inscription are written on al Cameroon thief atiku preek and his yansh, advice thief atiku to pull off his trouser if he want to be Nigeria president.
very simple.

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by MetaPhysical: 12:14pm On Apr 15
In response to Punch, here is the entire Chapter 2 of Nigerian Constitution where Citizenship is addressed. I noticed the author of the article said "to the effect". To the effect is a reckless interpretation of legal document. The document is not vague, it is very clear.

Whether by 1963 standard or 1999 standard, the law says Atiku is not qualified to contest for office of President.

CHAPTER II: CITIZENSHIP

Persons who become citizens on October 1, 1960

7. (1) Every person who, having been born in the former Colony or Protectorate of Nigeria, was on the thirtieth day of September, 1960, a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Nigeria on the first day of October, 1960:

Provided that a person shall not become a citizen of Nigeria by virtue of this subsection if neither of his parents nor any of his grandparents was born in the former Colony or Protectorate of Nigeria.

(2) Every person who, having been born outside the former Colony and Protectorate of Nigeria, was on the thirtieth day of September, 1960, a citizen of the United Kingdom and Colonies or a British protected person shall, if his father was born in the former Colony or Protectorate and was a citizen of the United Kingdom and Colonies or a British protected person on the thirtieth day of September, 1960, (or, if he died before that date, was such a citizen or person at the date of his death or would have become such a citizen or person but for his death) become a citizen of Nigeria on the first day of October, 1960.

Persons entitled to be registered as citizens

8. (1) Any person who, but for the proviso to subsection (1) of section 7 of this Constitution, would be a citizen of Nigeria by virtue Of that subsection shall be entitled, upon making application before the first day of October, 1962, in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian.

(2) Any woman, who on the thirtieth day of September, 1960, was a citizen of the United Kingdom and Colonies or a British protected person and who is or has been married to a person-

(a) who becomes a citizen of Nigeria by virtue of section 7 of this Constitution; or

(b) who, having died before the first day of October, 1960, would, but for his death, have become a citizen of Nigeria by virtue of that section,

shall be entitled, upon making application in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria.

(3) Any woman who is or has been married to a person who becomes a citizen of Nigeria by registration under subsection (1) of this section and is at the date of such registration a citizen of the United Kingdom and Colonies or a British protected person shall be entitled, upon making application within such time and in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria.

(4) Any woman who on the thirtieth day of September, 1960, was a citizen of the United Kingdom and Colonies or a British protected person and who has been married to a person who, having died before the first day of October, 1960, would, but for his death, be entitled to be registered as a citizen of Nigeria under subsection (1) of this section, shall be entitled, upon making application before the first day of October, 1962, in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria.

(5) The provisions of subsections (2), (3) and (4) of this section shall be without prejudice to the provisions of section 7 of this Constitution.

Persons naturalised or registered before October 1, 1960

9. Any person who on the thirtieth day of September, 1960, was a citizen of the United Kingdom and Colonies -

(a) having become such a citizen under the British Nationality Act by virtue of his having been naturalised in the former Colony or Protectorate of Nigeria as a British subject before that Act came into force; or

(b) having become such a citizen by virtue of his having been naturalised or registered in the former Colony or Protectorate of Nigeria under that Act,

shall be entitled, upon making application before the first day of October, 1962, in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria:

Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian.

Special Provisions as to Northern Cameroons

10. (1) For the purpose of determining the status of persons connected with the part of Northern Nigeria which was not included in the Federation on the thirty-first day of May, 1961, the foregoing provisions of this Chapter and subsection (3) of section 17 of this Constitution shall have effect as if –

(a) for any reference to a particular date where there were substituted a reference to the last day of the period of eight months beginning with the day next following that date; and

(b) for any reference to the former Colony or Protectorate of Nigeria (other than the second reference in section 7) there were substituted a reference to the part aforesaid; and

(c) that other reference included a reference to the part aforesaid.

(2) Nothing in subsection (1) of this section shall prejudice the status of any person who is or may become a citizen of Nigeria apart from that subsection.

Persons born in Nigeria after September 30, 1960

11. Every person born in Nigeria after the thirtieth day of September, 1960, shall become a citizen of Nigeria at the date of his birth:

Provided that a person shall not become a citizen of Nigeria by virtue of this section if at the time of his birth -

(a) neither of his parents was a citizen of Nigeria and his father possessed such immunity from suit and legal process as is accorded to an envoy, of a foreign sovereign power accredited to the Federation; or

(b) his father was an enemy alien and the birth occurred in a place then under occupation by the enemy.

Persons born outside Nigeria after September 30, 1960

12. A person born outside Nigeria after the thirtieth day of September, 1960, shall become a citizen of Nigeria at the date of his birth if at that date his father is a citizen of Nigeria otherwise than by virtue of this section or subsection (2) of section 7 of this Constitution.

Dual Citizenship

13. Any person who, upon his attainment of the age of twenty-one years, was a citizen of Nigeria and also a citizen of some country other than Nigeria shall cease to be a citizen of Nigeria upon his attainment of the age of twenty-two years (or, in the case of a person of unsound mind, at such later date as may be prescribed by Parliament) unless he has renounced his citizenship of that other country, taken the oath of allegiance and, in the case of a person who is a citizen of Nigeria by virtue of subsection (2) of section 7 of this Constitution, has made such declaration of his intentions concerning residence or employment as may be prescribed by Parliament:

Provided that where a person cannot renounce his citizenship of the other country under the law of that country he may instead make such declaration concerning that citizenship as may be, prescribed by Parliament.

Commonwealth citizens

14. (1) Every person who under this Constitution or any Act of Parliament is a citizen of Nigeria or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

(2) Every person who is a British subject without citizenship under the British Nationality Act, 1948, or who continues to be a British subject under section 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.

(3) The countries to which this section applies are the United Kingdom and Colonies, Canada, Australia, New Zealand, the Union of South Africa, India, Pakistan, the Federation of Rhodesia and Nyasaland, Ceylon, Ghana, the Federation of Malaya, the State of Singapore, the Republic of Cyprus, Sierra Leone, Tanganyika, Jamaica, Trinidad and Tobago, Uganda and such other countries as may be prescribed by Parliament.

Criminal liability of Commonwealth citizens

15. (1) A Commonwealth citizen who is not a citizen of Nigeria or a citizen of the Republic of Ireland who is not a citizen of Nigeria shall not be guilty of an offence against any law in force in Nigeria by reason of anything done or omitted in any part of the Commonwealth other than Nigeria or in the Republic of Ireland or in any foreign country unless-

(a) the act or omission would be an offence if he were an alien; and

(b) in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.

(2) In this section "foreign country' means a country (other than the Republic of Ireland) that is not part of the Commonwealth.

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 12:17pm On Apr 15
buhariguy:
was British Cameroon ever a Nigeria territory before 1960?.

idiotic pigs are trying by all means to tell us that their terrorist porn.star nnamdi kanu is insane.
porn.star said Cameroonian inscription are written on al Cameroon thief atiku brokos and his yansh, advice thief atiku to pull off his trouser if he want to Nigeria president.
very simple.

so we've busted your "Atiku is a cameroonian " lie. nice cool

Now let me ask you, was your village ever a Nigerian territory before 1960?

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 12:18pm On Apr 15
MetaPhysical:
In response to Punch, here is the entire Chapter 2 of Nigerian Constitution where Citizenship is addressed. I noticed the author of the article said "to the effect". To the effect is a reckless interpretation of legal document. The document is not vague, it is very clear.

Whether by 1963 standard or 1999 standard, the law says Atiku is not qualified to contest for office of President.


can you cite the exact section that disqualifies him? I am waiting for your argument.

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 12:30pm On Apr 15
all the zombies don pick race.

Zombies with their air heads grin grin

ngeneukwenu buhariguy metaphysical.

Bring forward your arguments. Disciples of the albino head. grin

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by neyobills: 12:40pm On Apr 15
NgeneUkwenu:
So which one did Athiefku and His Jada People fall into?

Before or After Independence? grin

Atiku are his Jada people are Nigerians by birth because it's the same Brirish people that colonized everyone in present day Nigeria, until you can prove that Jada was colonized by the French then we can start to take u serious

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by naijapips04: 12:55pm On Apr 15
neyobills:


Atiku are his Jada people are Nigerians by birth because it's the same Brirish people that colonized everyone in present day Nigeria, until you can prove that Jada was colonized by the French then we can start to take u serious

Exactly. BC was never harnessed by the french or the cameroonians. They were never a country of their own. The only country they've been part of has been Nigeria. These territories including BC and other parts of Nigeria were formerly known as Royal Niger Company Territories .

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by BruncleZuma: 1:06pm On Apr 15
grin grin grin grin
Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by Baawaa(m): 1:07pm On Apr 15
Atiku go back to Cameron grin grin grin grin grin grin grin grin grin

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by anochuko01(m): 1:08pm On Apr 15
If after these years someone comes out to say atiku isnt a nigerian, then such person isnt fit to be called a human...

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Re: Nigerian By Birth: A Dissection Of Atiku's Citizenship by Gsteve01(m): 1:08pm On Apr 15
Ok

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