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Nairaland Forum / Nairaland / General / Politics / Dual Citizens Have No Future In Any Elective Office In Nigeria? (11312 Views)
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Dual Citizens Have No Future In Any Elective Office In Nigeria? by Relax101(m): 5:11am On Nov 01, 2011 |
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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by kabba7(m): 6:11am On Nov 01, 2011 |
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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by kabba7(m): 6:12am On Nov 01, 2011 |
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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Relax101(m): 12:30pm On Nov 01, 2011 |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Nobody: 1:15pm On Nov 01, 2011 |
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: Source: http://www.utexas.edu/conferences/africa/ads/1515.html |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Beaf: 1:17pm On Nov 01, 2011 |
To take political office in Nigeria, you must renounce any foreign citizenship. And yes, it is in the constitution. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Nobody: 1:20pm On Nov 01, 2011 |
Beaf: When did Bankole renounce his foreign citizenship? When did David Mark renounce his Belizean citizenship? |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Beaf: 1:23pm On Nov 01, 2011 |
eGuerrilla: Why don't you ask them, sir? It is against the provisions of the constitution. Period. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Nobody: 1:29pm On Nov 01, 2011 |
Beaf: 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? 1 Like |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Beaf: 1:33pm On Nov 01, 2011 |
eGuerrilla: Do you have their passports in your lap? How do you know? |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Nobody: 1:46pm On Nov 01, 2011 |
First it is. . . Beaf: Then Beaf: 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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by kuramo: 1:49pm On Nov 01, 2011 |
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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Beaf: 1:55pm On Nov 01, 2011 |
@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: 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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Beaf: 1:56pm On Nov 01, 2011 |
kuramo: When did legal opinions become the law? |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by tpia5: 3:07pm On Nov 01, 2011 |
in nigeria, never say never is the general rule. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by udezue(m): 4:45pm On Nov 01, 2011 |
Don't see why someones dual citizenship should matter. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by IVYNerd: 8:36pm On Nov 01, 2011 |
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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by nduchucks: 8:40pm On Nov 01, 2011 |
@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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Nobody: 8:45pm On Nov 01, 2011 |
OASN, Who in his or her right mind would drop an international citizenship for Nigeria? I dont think so. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by realchange: 8:48pm On Nov 01, 2011 |
Ileke-IdI: hehehe! I no fit do am o! |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by realchange: 8:51pm On Nov 01, 2011 |
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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Mgbele1: 8:52pm On Nov 01, 2011 |
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 |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by IVYNerd: 9:48pm On Nov 01, 2011 |
@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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by nduchucks: 12:42am On Nov 02, 2011 |
@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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by layifioren(m): 9:56am On Nov 02, 2011 |
ndu_chucks: 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 1 Like |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by nduchucks: 10:29am On Nov 02, 2011 |
layifioren: 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:
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Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by walcolm(m): 10:31am On Nov 02, 2011 |
ndu_chucks: can you put the link to the location of this OATH quote? i'd like to have a look |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by layifioren(m): 10:37am On Nov 02, 2011 |
ndu_chucks: 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? |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by nduchucks: 10:43am On Nov 02, 2011 |
walcolm: 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. |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by layifioren(m): 11:03am On Nov 02, 2011 |
ndu_chucks: 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 |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by Nobody: 11:15am On Nov 02, 2011 |
@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? |
Re: Dual Citizens Have No Future In Any Elective Office In Nigeria? by nduchucks: 11:23am On Nov 02, 2011 |
layifioren: 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. |
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