Dual Citizenship And the Law: Is

Bukola Saraki A Nigerian Citizen?

By Abdulaziz Olatunde Bakare
BY ABDULAZIZ OLATUNDE BAKAREJUL 03, 2015

Few days ago, news broke out from a popular online news platform
suggesting that Nigerias Senate President, Sen. Dr. Bukola Saraki is not a
citizen of Nigeria by virtue of his holding dual citizenship of the Federal
republic of Nigeria and that of the United Kingdom.

UK passport of Senate
President Bukola SarakiSahara Reporters MediaThe

news, like wild fire, reverberated across

the country especially on Social media platforms (Twitter and Facebook)

where there is a large concentration of Nigerians as part of its worldwide
users. Nigerians of all facets not excluding those in the Diaspora began
offering differing opinions and counter opinions as to the legality or
otherwise of being a holder of dual citizenship and at the same time holding

elective office under the constitution of the Federal republic of Nigeria as

amended. This writer is not oblivious of the political wrangling going on
especially within the National Assembly that may have triggered this topic
but will keep this discussion strictly within what the constitution has
provided for and will not descend into the murky waters of Nigerian politics.
The position of the constitution of the Federal Republic of Nigeria and
judicial pronouncements on the matter are very clear, instantly recognizable
and have been unswerving in that- holding dual citizenship of Nigeria and
another country will not serve as a bar to such holder from contesting
and/or holding elective post in Nigeria; but with a rider; provided that the
individual holding the dual citizenship acquired his/her Nigerian nationality
by birth. It is our humble view that given the very clear provisions of the
Constitution on the issue and the interpretations of those provisions by
competent courts it will be manifestly frivolous and without any merit to
claim that a Nigerian by birth without more has lost his right to contest/hold
an elective office by reason of his holding a dual citizenship.
The relevant provision in issue is Section 66(1)(a) of the 1999 Constitution
of the Federal Republic of Nigeria as amended. To appreciate fully the
intendment, implication and effectiveness of the earlier cited section, effort
must be made to read the said section in conjunction with other relevant
sections of the constitution, most especially, with section 28 of the same
constitution. When a legal provision starts with "subject" or related clauses,
it means that the section is read subject (in tandem) with the section
indicated. For beginners and to get a better understanding, it will be
pertinent to reiterate the way and manner one can acquire Nigerian
citizenship as available under the relevant laws. Sections 25-27 of the
Constitution outlines the various ways one can acquire Nigerian citizenship.

Section 25 of the constitution provides that one can acquire Nigerian

citizenship by birth and it goes on to enumerate the three circumstances
under which citizenship can be acquired by birth; Section 26 provides that
one can also acquire Nigerian citizenship by registration whilst the Section
27 provides that one can acquire Nigerian citizenship by naturalisation.
Thus, it can be seen in summary that one can acquire Nigerian citizenship
either by birth, by registration or by naturalisation. This different method of
acquisition is important in that dissimilar rights and consequences flow from
them; depending on how the intending applicant for Nigerias citizenship
acquired his/her citizenship.
We will now proceed to produce the provisions of Section 66(1)(a) of the
constitution. It provides as follows:
No person shall be qualified for election to the Senate or House of
Representatives if; subject to the provision of section 28 of this
constitution, he has voluntarily acquired the citizenship of a country other
than Nigeria or except in such cases as... (Italics for emphasis)
It is clear from reading the above section that the force of this section is
subject to the provision of Section 28 to the Constitution. Now produced is
the Section 28 of the Constitution and it provides as follows:
Subject to the other provisions of this section, a person shall forfeit
forthwith his Nigerian citizenship if, not being a citizen of Nigeria
by

birth, he acquires, or retains the citizenship or nationality of a

country,
and

other than Nigeria, of which he is not a citizen by birth (Italics

underline mine)

The critical and most influential phrase is the underlined words above-with
the implication being that only those who are Nigerians by registration or
naturalisation shall forfeit their citizenship if they acquire the citizenship of
other countries. The requirement to forfeit Nigerian nationality/citizenship
upon acquisition of the nationality/citizenship of another country does not
apply to persons who are Nigerians by birth within the definition of Section
25 of the constitution. For purposes of this opinion and by extension, it is
clear from the above provisions that sections 66(1); 107 (1); 137 (1); and
182 (1) as they relate to offices of National Assembly, State House of
Assembly, President, and Governor respectively are all subject to the
provisions of section 28 of the CFRN 1999 (as amended). In other words,
Section 28 states clearly that dual citizenship is allowable where one
qualifies as a Nigerian by Birth as contained in section 25 (1) (a-c). The
only instance in which forfeiture of citizenship is allowed and become
applicable under the CFRN 1999 is by holders of: i) citizenship by
registration under section 26; and ii) citizenship by naturalization, under
section 27.
This position has gained judicial attention over the years. One of the most
outstanding judicial authority on this matter is the Court of Appeal decision
in the case of Dr. Willie Ogebide v. Mr. Arigbe Osula {2004} 12 NWLR Part
886 pp 127 paras D-G where Adeniji JCA reading the lead judgment held
as follows:
The tribunal however held on page 121 paragraph 2 of the record
that a

Nigerian citizen by birth even though does not forfeit his Nigerian
citizenship by his acquisition as the citizen of another country, he

would

stand disqualified from being a member of the National Assembly

if he

holds such citizenship or has subscribed to 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
this country by

25,26 and 27 of the 199 constitution is that a citizen of

birth never loses his citizenship even where he

holds dual citizenship of

from contesting election

another country and cannot be disqualified

into the House of Representative for

reasons only that he holds such dual citizenship. The lower tribunal
therefore misled itself in that regard
No. 4 is that section 66(1) of the 1999

and the answer to

issue

constitution does not

prohibit Nigerian citizens by birth from holding

the citizenship of

another country and from contesting election to being a member of

the National Assembly. (Italics and bold for emphasis)
Corroborating the learned Justice of the Court of Appeal, Hon. Justice
Walter Onnoghen JCA (now JSC) in the same case opined in page 138
paras C-E as follows:
Reading sections 66(1) and 28 of the constitution of the Federal
Republic
is clear
Nigerian

of Nigeria, 1999 (hereinafter referred to as 1999 constitution) it

and I hereby hold that the acquisition of dual citizenship by a
per say is not a ground for disqualification for election to

the National

Assembly particularly where the Nigerian citizen is a

citizen by birth.

That is the clear meaning of the provisions in sections

66(1) and 28 of the

1999 constitution when taken together. The only

Nigerian citizen

disqualified by the said sections is one who is a

citizen of Nigeria by either

registration or naturalization who subsequently

acquires the citizenship of

another country in addition to his Nigerian

citizenship...
(Italics and Bold for emphasis)
It is my respectful view that the courts pronouncement and reasoning is
clear and cannot be controverted. It therefore seems settled that in Nigeria,
having a dual nationality will not preclude one from contesting or holding
elective positions. It is our hope that matters bothering on this issue will
now be laid to rest and citizens can therefore unite and move this country
forward.

Abdulaziz Olatunde Bakare Esq. (ACIarb UK) is a practicing Lawyer and

tweets at @Backarray