Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,156,220 members, 7,829,364 topics. Date: Thursday, 16 May 2024 at 05:12 AM

There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship (1343 Views)

Enact Law That Will Force Civil Servant To Marry More Wives - Sheikh Aminu Baba / Buhari’s title: No law states how a President should be addressed - NBA / Buhari Expresses Sadness As APC Loses 50 Elective Seats (2) (3) (4)

(1) (2) (Reply) (Go Down)

Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Christistruth03: 6:24pm On Jun 23, 2023
Muh247:



Goodluck providing evidence a card carrying member of APC under the instructions of Tinubu suppressed any vote or acted as a thug

Goodluck with your evidence with character assassination and slander of innocent APC member

Obi would completely learn the harsh way


The worst Voter Suppression was in the SE
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by tinsel: 6:24pm On Jun 23, 2023
Shokoloko:

It happens. Any black- looking person can get a Nigerian passport.
I need proof that it is lawful.
I need proof that renouncing allegiance to a country and going back to take a political position in that same country is lawful.
Afroyim v. Rusk, 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily.[1][2][3] The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, Perez v. Brownell (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by tinsel: 6:28pm On Jun 23, 2023
Shokoloko:

It happens. Any black- looking person can get a Nigerian passport.
I need proof that it is lawful.
I need proof that renouncing allegiance to a country and going back to take a political position in that same country is lawful.
In Vance v. Terrazas, the Court decided that having another citizenship while you are a U.S. citizen doesn’t imply you’re giving up your U.S. citizenship.
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Validated: 6:42pm On Jun 23, 2023
tinsel:

My friend we all carry two passports, Nigeria and the USA even before those USA immigration.

Please, I criss-cross US and other jurisdictions. There is no airport you produce 2 different passports to immigration. So, tell that tale to your novice followers.
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Validated: 6:44pm On Jun 23, 2023
tinsel:

In Vance v. Terrazas, the Court decided that having another citizenship while you are a U.S. citizen doesn’t imply you’re giving up your U.S. citizenship.

Did you read the fact of the case? Did the defendant acquire US citizenship by Naturalization or by birth? If you acquired it by Naturalization, your renunciation is FINAL. NO APPEAL!
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Shokoloko(f): 6:45pm On Jun 23, 2023
tinsel:

Afroyim v. Rusk, 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily.[1][2][3] The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, Perez v. Brownell (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier
Thank you. This is interesting but applies to Israel vs USA.

Below is what applies to Nigeria vs Other countries
According to the Nigerian constitution: http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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; or
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.

The question then is
1. Is the deputy governor a citizen of the US by birth? No
2.Did he have to naturalize? Yes
3. Did he denounce his country and pledge allegiance to the US during oath taking? Yes
He is not qualified for election to that office
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by tinsel: 6:47pm On Jun 23, 2023
Shokoloko:

Thank you. This is interesting but applies to Israel vs USA.

Below is what applies to Nigeria vs Other countries
According to the Nigerian constitution: http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
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; or
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.
Hamzat was born where?
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by tinsel: 6:48pm On Jun 23, 2023
Validated:


Did you read the fact of the case? Did the defendant acquire US citizenship by Naturalization or by birth? If you acquired it by Naturalization, your renunciation is FINAL. NO APPEAL!
Afroyim v. Rusk, 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily.[1][2][3] The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, Perez v. Brownell (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Shokoloko(f): 6:48pm On Jun 23, 2023
tinsel:

Hamzat was born where?
Nigeria

Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by tinsel: 6:49pm On Jun 23, 2023
Shokoloko:

Nigeria
And what applies to his case if he was born in Nigeria?
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Shokoloko(f): 6:54pm On Jun 23, 2023
tinsel:

And what applies to his case if he was born in Nigeria?

In this case, if he was born in Nigeria and did not acquire citizenship until he became an adult, it means he made a declaration of allegiance which disqualifies him from being elected.
The key here is that he made a denunciation to get the US citizenship and the Nigeria constitution does not allow that denunciation and then election into political office.

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;

1 Like

Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Christistruth03: 6:57pm On Jun 23, 2023
seanfer:
Saraki's case is different, He didn't acquire his dual citizenship by choice but by Birth... so using that as example is a different thing entirely.


Was Gov Obiano born in the US ?
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Christistruth03: 6:58pm On Jun 23, 2023
cheesy
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Corporate2020: 6:58pm On Jun 23, 2023
richidinho:
But there is a space on the INEC form that asked whether one has a dual citizenship

What was his response?

He answered YES
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Shokoloko(f): 7:02pm On Jun 23, 2023
Christistruth03:



Was Gov Obiano born in the US ?
Does Obiano have US citizenship? I do not believe that was ever proven.
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Christistruth03: 7:07pm On Jun 23, 2023
Shokoloko:

Does Obiano have US citizenship? I do not believe that was ever proven.

cool
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by Shokoloko(f): 7:13pm On Jun 23, 2023
Christistruth03:


Obiano has US Citizenship
Wow! we learn everyday.
Any links to show proof? I didnt find any online but maybe I am not looking in the right place.
According to https://www.premiumtimesng.com/news/headlines/519992-exclusive-why-i-tried-to-rush-out-of-nigeria-after-handover-ex-gov-willie-obiano.html?tztc=1 the EFCC took Obiano's green card when he tried to leave the country.
Green card holders are permanent residents and not citizens
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by adekolaelect(m): 7:19pm On Jun 23, 2023
richidinho:
But there is a space on the INEC form that asked whether one has a dual citizenship

What was his response?
Oga Curt of law doesn't recognize emotional feeling like yours. Sorry try again later.
Re: There Is No Law That Bars An Elective Officeholder From Having Dual Citizenship by richidinho(m): 7:36pm On Jun 23, 2023
Corporate2020:


He answered YES

OK, pls post that part of the form

I will post mine also

(1) (2) (Reply)

Ministerial Slot Tears APC Youths Apart, As 30 Leaders Back Seyi Tinubu / What Exactly Is This Useless Government Good At / PDP Chairmanship Contest Becomes More Competitive As Atiku Supports Suswam Again

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 30
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.