The citizen of every nation is very important to that nation. There are certain rights and privileges that are only available to citizens of a country. Thus, every nation has a way of determining who is/isn’t a citizen and steps for acquiring citizenship.
For example, in Nigeria major offices like the President[1], Governors[2], The National Assembly[3] and State House of Assembly[4] cannot be occupied by a person who has voluntarily acquired the citizenship of another country. However, this is subject to the provision of S. 28 of the 1999 Constitution[5].
Nigerian Citizenship is mainly of three types namely:
- Citizenship by birth
- Citizenship by registration
- Citizenship by naturalisation
Nigerian Citizenship by Birth
According to the provisions of S. 25 of the 1999 Constitution. The following people are regarded as citizens of Nigeria by birth:
- For those born in Nigeria before the date of independence, either of their parent or grandparents must belong/belonged to an indigenous Nigerian community[6]. What is meant by indigenous community is that such person’s parent/grandparent belonged to a native tribe like Hausa, Yoruba, Igbo, Ibibio, Efik and so on.
- For those born after the date of Nigerian Independence, either of their parents or grandparents are/were citizens of Nigeria[7].
- For those born outside Nigeria, either of his parents is a citizen of Nigeria[8].
According to the provision of S. 25 (2) of the 1999 Constitution, the Nigerian date of Independence is 1st October 1960.
Nigerian Citizenship by Registration
For a person who is not a citizen of Nigeria by birth, such person can become a citizen of Nigeria by registration. According to the provision of S. 26 (1) such person must satisfy the President that:
- He is of good character
- Has demonstrated a clear intention of his desire to be domiciled in Nigeria
- He has subscribed to the oath of allegiance as provided for in the seventh schedule to the Constitution.
According to the provision of S. 26 (2) only two categories of people can apply for citizenship by registration:
- Any woman who is or has been married to a Nigerian citizen.
- Any person of full age and capacity born outside Nigeria and has any of his grandparents as a Nigerian citizen.
Nigerian Citizenship by Naturalisation
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A person who isn’t qualified to be a citizen of Nigeria by birth or by registration can still apply to be naturalised as a Nigerian citizen. To do this, such person can apply to the president for a certificate of Naturalisation[9]. However, according to the provisions of S. 27 (2) (a) – (g) such person must satisfy the president that:
- He is of full age and capacity
- He is of good character
- He has demonstrated a clear intention to be domiciled in Nigeria.
- He is, in the opinion of the governor in the state where he intends to reside, acceptable to the local community and has assimilated into the way of life of such community.
- He is a person who has made or is capable of contributing to the progress, wellbeing and development of Nigeria.
- He has subscribed to the oath of allegiance as contained in the seventh schedule of the constitution.
- He has lived in Nigeria for a period not less than 15 years immediately preceding the date of his application to be naturalised or he has resided in Nigeria continuously for a period of 12 months preceding the application and has in the past 20 years preceding the 12 months resided for an aggregate period that is not less than 15 years.
It should be noted that according to the provision of S. 307 of the 1999 Constitution, a citizen by naturalisation or registration cannot hold an elective or appointive post till a period of ten years have elapsed after acquiring his citizenship.
Dual Citizenship
A person who is a citizen of Nigeria by birth can be a citizen of another country in conjunction with his Nigerian citizenship. However, a person who is a citizen by naturalisation or registration cannot acquire another citizenship except if that other citizenship is one by birth[10].
It should be noted that Nigerian citizenship by naturalisation or registration would not take effect until the applicant renounces his citizenship of any other country within 12 months after registration or grant of a certificate of naturalisation. However, this would not apply if the citizenship of the other country is one that is gotten by birth[11].
Renunciation of Citizenship
A Nigerian who is of full age can renounce his/her citizenship by applying to the president for such[12]. The President would register the application, upon which the applicant ceases to be a Nigerian citizen[13]. However the President can reject such application if it is made during a war in which Nigeria is physically involved or it is contrary to public policy[14].
For the purpose of renunciation of Nigerian citizenship, S. 29 (4) of the Constitution provides that anyone who is at or above 18 years or is a married woman is qualified to renounce his/her citizenship.
Deprivation of Citizenship
The Nigerian President can deprive a naturalised citizen of his Nigerian citizenship if such person bags an imprisonment of three years or more within a period of seven years after he was naturalised.
The President can also deprive a registered or naturalised citizen of Nigeria of his citizenship if he is considered to be disloyal to the Federal Republic of Nigeria. This consideration would be based on his acts or speech or after due enquiry by the President in a manner stated in the regulations. Please note that the act or speech must relate to what he did or said from the records of proceedings of a court of law or tribunal established by law[15].
Also, the President may deprive a citizen by registration or naturalisation of his citizenship if he trades with the enemy of Nigeria during the period of war in which Nigeria is physically involved or conducts business that is against the interest of Nigeria[16]. This applies to both registration and naturalisation.
Note finally that the president has the power to make regulations that are not inconsistent with the provision of the Constitution regarding the citizenship and the status of anybody subject to the rules of citizenship[17]. The law requires that whatever regulations made by the president in respect of citizenship shall be laid before the National Assembly[18].
References
[1] S. 137 (1) (a) Constitution of the Federal Republic of Nigeria (CFRN) 1999
[2] 182 (1) (a) CFRN 1999
[3] S. 66 (1) (a)
[4] S. 107 (1) (a)
[5] This section deals with dual citizenship
[6] S. 25 (1) (a) CFRN 1999
[7] S. 25 (1) (b)
[8] S. 25 (1) (c)
[9] S. 27 (1) CFRN 1999
[10] S. 28 (1) CFRN 1999
[11] S. 28 (2) CFRN 1999
[12] S. 29 (1) CFRN 1999
[13] S. 29 (2) CFRN 1999
[14] S. 29 (3)
[15] S.30(2)
[16] S.30(2)(b)
[17] S.32(1)
[18] S.32(2) CFRN
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Please what is the fate of a Nigerian citizen by birth by virtue of S.25(1)c, who was born within the territory known as USA(automatically conferring him citizenship by birth), and seeks to acquire the citizenship of a third country in respect to S.(28)
A citizen by birth cannot be deprived of his citizenship under any circumstance. It is only a citizen by registration or naturalisation that has to renounce his citizenship when he wants to get another one,
Can a Nigerian citizen by birth effectively renounce his citizenship?
Not really. There is no real need to renounce it.
Why will a citizenship by registration or naturalization renounce his own citizeship before he could be a citizen of nigeria
Because they aren’t citizens of Nigeria by birth. This means that they don’t have any cultural ties to Nigeria. So, having them renounce other citizenships helps to ensure their loyalty to an extent.
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Hello, I was born in Nigeria, I think I had Nigerian citizenship, but I am not sure. Does one ever loose citizenship if you leave Nigeria for long time? How can I check If i am still a citizen? I what do I need to do to get a Nigerian passpoort? What is the difference between e-passpoort and “official” e-passpoort,
Thanks in advance for answers.
Reply
If you were born in Nigeria to Nigerian citizens, then you are a citizen by birth. Citizens by birth can’t lose their Nigerian Citizenship.
Hello. If you were born in Nigeria to Nigerian citizens, then you are a citizen by birth. A citizen by birth can’t lose his/her Nigerian citizenship.
Hi, My mother was Nigerian, (she was Yoruba I think). So only my mother is natural born Nigerian. Can you explain the difference between e-passpoort and “official e-passpoort”. I am trying to get Nigerian passpoort. The last time I had Nigerian passpoort , I was a 6 yr old child, where do i start?
This explained all my worries on citizenship. Very well dealt with more than the Constitution itself.
PS: I forgot to mention, but of course thank you for answering my questions.
Hi!What if only one parent is Nigerian citizen and the person is born in Nigeria?
Thankyou in advice.
The person becomes a Nigeran citizen.
Can the president deprive any citizen of Nigeria by birth or by registration his citizenship?
No, he can’t
Thanks for these helpful,educative and impressive work??
can a person born in Nigeria whose parents are not Nigerian be a citizen of Nigeria by birth?
No, they can’t.
please kindly explain to me what citizenship by naturalization means…thanks so much
How can a person deprived is own citizenship or withdraw it
they aren’t citizens of Nigeria by birth. This means that they don’t have any cultural ties to Nigeria. So, having them renounce other citizenships helps to ensure their loyalty to an extent.
Urgent Urgent!!!
Please wish to find out. If only one of your parents (mom )is a Nigerian citizen and your dad from another nationality. Does that clears you from being a citizen by birth?
Yes
Hello sir,
Please I’ll really love to clarify something. its really urgent and I’ll be so happy if you can clear my doubts.
My mom is a full Nigerian, married to another nationality. I know Nigeria do accepts dual nationality and i was born in Nigeria. Trying to obtain my Nigerian passport and a particular immigration officer is saying I’m not a citizen of Nigeria because my dad is not from there. Whereas I know the law states in my case ” Any person born in Nigeria after the date of independence either of which parents or grand parents is a Nigerian makes you a citizen of Nigeria”
Please Sir, I’m really trying to clarify if I’m within my rights or not because this immigration officer is really stressing me.
Thanks for your understanding.
I am Nigerian by birth. I renounced my citizenship at the embassy. Thus, surrendering my passport to be able to obtain another passport. However, I was granted the possibility to keep my Nigerian passport and I would like to retrieve it back.. How does this work? What do I need to do? Is it possible to actually accomplish this?
Hey did you sort this out? I’m in a similar situation
I would like advise on how to remove my child dual citizenship. She british and so I’m I and the child father is still Nigerian. He applied for a dual citizenship for our daughter in 2019 for her trip to Nigeria, now we are no longer together and he has made theats on taking the child away from me and taking her to Nigeria therefore I need it removed as she is only 6 years old. And I am not nigerian, I have the nigerian passport with me but he claiming to get a new one done.
I’m not even in uni, i use this for civic and it is remarkably helpful
Please is there a judicial authority (Nigerian case) that best describes S.25 (1) (c) of the 1999 Nigerian constitutioc0n on Citizenship by Birth of a person born in Nigeria by Ghanaian parents? Is such person automatically conferred a citizen by birth in respect of the precise locatiom of birth?
And of the position of one born outside Nigeria, say Ghana by Nigerian parents? .
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why is it necessary for aperson to aquire nigeria citizenship
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What are some of the challenges facing citizenship provisions in Nigeria?