Citizenship

The word "Citizenship" has been defined as pertaining to a person who under the Constitution and the laws of a particular State is a member of the political community, owing allegiance and being entitled to the enjoyment of some fundamental Human Rights. The case of Herriot v City of Seattle aptly defined Citizens in relation to the above definition. As has been noted in some cases, such Citizenship cannot be shifted, cancelled or diluted at the will of a Federal government. Note generally that the idea of Citizenship refers to only natural persons in terms of human beings.

Citizenship by birth

Under the various Nigerian Constitutions since 1979, citizenship can be acquired in three ways: by birth, by naturalization and by registration. Section 25 of the 1999 constitution provides that the citizenship of Nigeria can be acquired by birth in the following ways through descent from a person or persons who are themselves Nigerians.

The following persons are citizens of Nigeria by birth:

1. 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.
2. 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
3. every person born outside Nigeria either of whose parents is a citizen of Nigeria.

Further see Shugaba v Minister of Internal Affairs, where the Court held that the applicant could claim citizenship through his mother whose Citizenship as a Kanuri which is a community indigenous to Nigeria, was established. A Citizen by birth under section 30 cannot be deprived of his citizenship under any condition by the President. Also, certain positions such as President, Governor, inter alia, can only be contested by Citizens by birth.

Citizenship by registration

Section 26 of the Constitution provides that two classes of people can become Citizens of Nigeria by registration:

1. any woman who is or has been married to a citizen of Nigeria; or
2. every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.

Section 32(1) should be noted as the section giving the President the power to make regulations, not inconsistent with the chapter on Citizenship, granting special immigrant status with full residential rights to Non-Nigerian spouses of citizens of Nigeria who do not wish to acquire Nigerian Citizenship. The content of such residential rights would also include the enjoyment of the fundamental rights provided for in the Constitution.

Also, for a person to become a Nigerian citizen by registration through either of his or her grandparents under the section, he must be of full age and capacity which under the Nigerian Constitution, would be the age of 18 years, by which time a person can vote. Up till the age of capacity, the parents presumably make the choice of citizenship.

To be qualified for registration under this section, an applicant must satisfy the President that he is of good character, has shown a clear intention of his desire to be domiciled in Nigeria, and has taken the oath of allegiance. A citizen by registration cannot within ten years of such registration, hold any elective or appointive post under the Constitution.

Citizenship by naturalization

This process is contained in section 27 of the Constitution with much more stringent measures attached to it. Such a person, once qualified to gain citizenship, may apply to the President for the grant of a certificate of naturalization once he can satisfy the President that:

1. he is a person of full age and capacity;
2. he is a person of good character;
3. he has shown a clear intention of his desire to be domiciled in Nigeria;
4. he is, in the opinion of the Governor of the State where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of Nigerians in that part of the Federation;
5. he is a person who has made or is capable of making useful contribution to the advancement; progress and well-being of Nigeria;
6. he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and
7. he has, immediately preceding the date of his application, either-
   • resided in Nigeria for a continuous period of fifteen years; or
   • resided in Nigeria continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in Nigeria for periods amounting in the aggregate to not less than fifteen years.

According to section 307, an applicant here also cannot hold any elective or appointive office within ten years of the grant of the certificate of Naturalization.

Dual citizenship

Under section 28 of the 1999 constitution, a citizen by birth can acquire the citizenship of another country without renouncing his Nigerian Citizenship. Also, citizens by registration and naturalization can retain their citizenship by birth and acquire Nigerian citizenship. They must however within twelve months of the grant of the certificate of registration or naturalization, renounce the citizenship of any other country other than that of the citizenship of their birth.

Renunciation of citizenship

Section 29 of the Constitution makes provisions for the manner in which a Nigerian Citizen of full age can renounce his citizenship. Section 29(4) puts "full age" at 18 years. Such a person must make a declaration of renunciation in the prescribed manner by the President and the declaration shall be registered, after which the person ceases to be a Nigerian. The President may however withhold such registration if made during a war in which Nigeria is involved or if in his opinion, it is otherwise contrary to Public Policy.

Deprivation of citizenship

Only a Citizen by birth cannot be deprived of his Citizenship for any reason whatsoever. According to section 30, the President cannot deprive a Citizen by Naturalization of his citizenship if he is satisfied that within seven years of his becoming naturalized, he has been sentenced to imprisonment for a term not less than three years. The President can deprive both a naturalized and registered citizen of their citizenship if from the record of proceedings of a Court or Tribunal, after due inquiry, he is satisfied that such a person is disloyal to Nigeria in any particular way.