By O. G. Ogbom, Esq.

Introduction

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. Citizenship is a juristic and political status in which an individual enjoys full, legally sanctioned membership in a state and owes full allegiance to it. Citizenship is a status that is legally granted to an individual by a state which enables such individual to enjoy the privileges and responsibilities that comes with that status.

Since the dawn of man, people have been migrating from their place of origin to different settlements, settling there and becoming a part of the community. In the globalised world we live in today, many people move to different jurisdictions and acquire citizenship of the countries they have settled in. Sometimes, they visit another country with no intention of settling there but to give birth, in order for their offspring to acquire citizenship of the country. This paper makes a bounded case for recognizing a right to acquire and maintain plural citizenship. It does so through the optics of freedom of association and liberal autonomy values. Citizenship comprises both a form of association and a vehicle for individual identity. The liberal state has no business obstructing alternate national ties in the absence of a compelling interest. That interest once existed, to the extent that dual nationality destabilized interstate relations, and it explains the historical opprobrium attached to the status. Now, however, laws directed at reducing the incidence of dual citizenship may also unjustifiably burden the exercise of political rights. Today, the material downside risks if any posed by plural citizenship have dissipated to the point that the state is no longer justified in suppressing the status.

Citizenship.

The Purpose of defining citizenship is to know and ascertained category of persons that can avail themselves of the privileges rights, duties etc. accruing to the members of the community.

To attempt to define such a term as “Citizenship” may pose difficulty in modern times.

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 allegiances and being entitled to the enjoyment of some fundamental rights.[1] Under various constitutions citizenship is acquired in different ways and one of the major hallmarks of such citizenship is the right to move around, reside anywhere, and enter the particular political community to which a citizen belongs. The case of Agbakoba v SSS[2], is instructive.

It is especially in this light that the idea of citizenship is beginning to change in modern times especially in the European union where the idea of citizenship is beginning to cut across national borders, and the right to enter and reside in one of the nations of the union is generally seen as a right to enter and reside in any of the nations belonging to the Union though with certain limited restrictions as stated in section 14.[3]

2.2 Citizenship is defined as the status of being a citizen, along with the right, duties and privileges of being a citizen.[4] If you have citizenship in a country you have the right to live, work, vote and pay taxes there. Citizenship is more than merely leaving somewhere. Usually, citizenship is obtained in the country where you were born. But if you are an immigrant from another country you apply for it. A person may have multiple Citizenship. In Nigeria citizenship is based upon the Constitution of the Federal Republic of Nigeria, and can also be obtained by birth, by decent, by registration and naturalization.[5]

Having defined citizenship, it becomes imperative to also define clearly what constitutes dual citizenship before critically analyzing the constitutionality of dual citizenship in Nigeria.

Dual Citizenship.

At independence, most African countries took the decision that dual citizenship should not be allowed. These “hyphenated” Africans, whose roots are both in an African country and a European or American one, have brought political pressure to bear on their “home” governments to change the rules on dual citizenship and concede that someone with two identities need not necessarily be disloyal to either state. In addition, there are increasing numbers of Africans with connections to two African countries and not only among ethnic groups living on the frontiers between two states who also wish to be able to carry the passports of both.

In recent years, many African states have changed their rules to allow dual citizenship or are in the process of considering such changes. Among those that have change the rules in the last decade or so are Angola, Burundi, Djibouti, Gabon, Gambia, Ghana, Kenya, Mozambique, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, and Uganda. Others Including Egypt, Eritrea, and South Africa, allow dual citizenship but only with the official permission of the government.[6]

What then is Dual Citizenship

Dual citizenship or dual nationality is when you are a citizen of two different countries at the same time. In the context of the U.S., it means you’re both a U.S. citizen and a citizen of another country. Not every country allows dual citizenship, and the rules vary among those that do.

The History of Dual Citizenship in Nigeria.

Dual citizenship has been a burning issue since 1963 after Nigeria gained independence. This was evidenced in the 1963 constitution. According to section 12[7], any person born outside Nigeria after September 30, 1960 “shall become a citizen of Nigeria at the date of his birth if at that date his father is a citizen of Nigeria”. Needless to state that the constitution allowed dual citizenship to an extent. Section 13[8] provided that “any person who, upon his attainment of the age of twenty-one years, was a citizen of Nigeria and also a citizen of some country other than Nigeria, shall cease to be a citizen of Nigeria upon his attainment of the age of twenty-two years”. What this implies is that, if a citizen of Nigeria born outside Nigeria attains the age of 21 years and refuses to renounce the citizenship of that other country, will automatically cease to be a citizen of Nigeria.

Interestingly, the 1979 constitution came along and replaced that of 1963 constitution and made some far reaching introduction. According to Section 26 (1)[9]“a person shall forfeit forthwith his Nigerian citizenship if he acquires or retains the citizenship or nationality of a country other than Nigeria”. Sub section 3 of the same section states that if the dual citizenship is by birth, that one is expected to renounce same upon attaining the age of 21 years just as the 1963 constitution. This position as stated above was tested in the case of Adeosun v AGF.[10]

3.2 In the suit, which sought to test the presumption that non fulfillment of the National Youth Service Corps (“NYSC”) programme before assuming office supposedly disqualified Mrs. Kemi Adeosun from being appointed – having been appointed – continuing as a Minister of the Federal Republic. Mrs. Adeosun through her counsel, Chief Wole Olanipekun, SAN vide an Originating Summons dated 11th March, 2021 and filed same day at the Federal High Court, Abuja against the Attorney-General of the Federation (“the Defendant”) per Folakemi Adeosun v. Attorney-General of the Federation in Suit No: FHC/ABJ/CR/303/2021. The suit questioned the eligibility or otherwise to hold political office in Nigeria in the light of non-participation in the NYSC Scheme as a result of any combination of being a dual citizen of another country, completing tertiary education abroad or living in the diaspora at the material window of eligibility for participation of the NYSC scheme and obtaining a discharge certificate or a certificate of exemption.
Chief Wole Olanipekun, SAN, counsel to Claimant, Kemi Adeosun, contended that nothing in the Constitution provides for participation in the NYSC Scheme as a requirement for qualification for appointment into a political office/position in Nigeria. The learned senior advocate argued that it is a constitutional misconception to conclude that for a person to serve as a Minister of the Federation, such person must have participated in the NYSC Scheme. It was contended that pursuant to Article 28 of the 1979 Constitution (which was invoke as at the time she graduated from the University), the Plaintiff having become a British citizen by birth, as she was born in the United Kingdom, and having retained her British citizenship, forfeited her Nigerian citizenship with all its attendant rights, privileges and duties, including the duty to participate in National Youth Service Corp scheme. The position of law in Article 28 of the 1979 Constitution has no equivalent in the extant Constitution of the Federal Republic of Nigeria 1999 (as amended) and therefore no longer in force. However, by this time, Mrs. Adeosun was already past the year stipulated for participation in the National Youth Service Corp scheme.
Learned counsel for the Defendant submitted that the minimum constitutional qualification required for a Minister of the Federal Republic of Nigeria is school leaving certificate and the constitutional provision takes precedent over the NYSC Act. Therefore, Kemi Adeosun’s ministerial appointment was not illegal nor unconstitutional even without presenting her NYSC certificate. In other words, the Defendant’s counsel did not oppose Chief Olanipekun’s argument.

Justice Taiwo Taiwo, in his judgment, commended their lucid submissions of counsel on both sides. The Court found the submissions illuminating and both in agreement with the constitutional issues submitted for interpretation by Mrs. Adeosun. The Court agreed Mrs. Adeosun was and remained eligible, despite not participating in the NYSC scheme, to be appointed as Minister.

The Adeosun’s case clearly distinguishes dual citizenship in the 1963, 1979 and that of 1999 constitution. According to the case, in the 1963 and 1979 constitutions, citizenships of Nigeria by birth, who attend the age of 21 years without renouncing the citizenship of the other countries, cease to be citizenships of Nigeria and are not entitled to benefit or take part in any exercise exclusive to Nigerian citizenship. For e.g, Nigerian Youth Service Corp.

What this means is that, any person who is a Nigerian by birth but born outside Nigeria, will continue to be a Nigerian after the renunciation of the citizenship of that other country at age 21 or ceases to be a Nigerian if the citizenship if the person refuses to renounce the citizenship of that other country. It presupposes that Nigerians in diaspora who were born before 1980 outside Nigeria, who are having impediment, limitation, or obstacle arising from non participation in NYSC, who are aspiring to remit their time, talent, and expertise to the development of Nigeria via public service, be it by being appointed into office, have now been liberated. In so far as a Nigerian by birth meets other qualification requirements, not holding an NYSC discharge or exemption certificate or holding dual citizenship wound not be a hindrance to the aspirations of holding public office.

There appears to be a serious departure by the 1999 constitution, from the position stated in the 1963 and the 1979 constitution. For proper understanding of the position in the 1999 constitution, it will be germane to engage case laws and other legal authorities in the evaluation of dual citizenship under the 1999 constitution.

Dual Citizenship under the 1999 Constitution.

According to section 28(1)[11]:

“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,other than Nigeria, of which he is not a citizen by birth.”

A person is said to have a dual citizenship when he or she is a citizen of two countries while sharing the rights and responsibilities available to the citizens of each country simultaneously. Notably, not all countries accept dual citizenship. However, in countries where dual citizenship is allowed, there are regulations that apply to the existing possibilities.

What is the Position of the 1999 Constitution on Dual Citizenship and the Implication for Seeking Certain Political Offices.

Sections 25, 26 and 27[12] provide for three classes of citizenship to wit: Citizenship by birth, Citizenship by registration and Citizenship by naturalization, while section 28[13], provides for the forfeiture of citizenship where a citizen by registration or naturalization, acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.[14]

It is important to state that dual citizenship is allowed in Nigeria except in specific conditions not allowed by the constitution[15], one of which being the ineligibility to run for the following offices:

House of Representatives;
Section 66(1)[16] Says; No person shall be qualified for election to the Senate or the House of Representatives 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, has made a declaration of allegiance to such a country”

2. House of Assembly:
Section 107(1)[17] Says; No person shall be qualified for election to a House of Assembly 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, has made a declaration of allegiance to such a country;

Office of the President:
Section 137(1)[18]. Says; A person shall not be qualified for election to the office of President 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;

Office of the Governor:
Section 182(1)[19] says; No person shall be qualified for election to the office of Governor of a State if –

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;
3.5 As a result of the aforementioned constitutional provisions, a significant number of aspirants have experienced missed opportunities and this has necessitated the invitation of the Court to interpret some of the provisions of the constitution stated above while that of the President has been submitted before the 2023 Presidential Elections Petition Tribunal for interpretation. We await the judgement of the Tribunal as it concerns the office of the President.

While we wait, it is important to state that as it concerns Law makers, the Court of Appeal in the case of Dr Willie Ogbeide v Mr. Arigbe Osula[20], where the question of whether a person with dual citizenship or nationality would be eligible to run in the National Assembly elections arose, is one notable decision on the subject. In answering the same, Onnoghen JCA (as he then was), stated as follows:

“…it is clear and i hereby hold that the acquisition of dual citizenship by a Nigerian per se, is not a ground for disqualification for elections to the National Assembly particularly where a Nigerian citizen is a citizen by birth. That is the clear meaning of the provisions of sections 66(1) and 28 of the 1999 constitution when taken together. The only citizen disqualified by the said sections is one who is a citizen of Nigeria by either registration or naturalization who subsequently acquired the citizenship of another country in addition to his Nigerian citizenship.”

3.6 Flowing from the above decision, it appears that the restrictions imposed in sections 66, and 107, as it relates to dual citizenship, in contesting any of the aforementioned elective positions, only applies to Nigerian citizenship who acquired their citizenship by registration or naturalization and subsequently acquire the citizenship of another country or swears allegiance to that other country in addition to his Nigerian citizenship. It also follows that a Nigerian citizenship by birth, who also has dual citizenship in another country is still eligible to run for any of the positions listed in sections 66 and 107 and by extension, 137 and 182 though the the petition of the Labour Party and that of the Peoples Democratic Party made heavy whether of dual citizenship as it relates the office of the President, which is provided for in section 137.[21]

Does the United States (U.S) allow Dual Citizenship?

Yes, the U.S. allows dual citizenship by default. The government does not require naturalized U.S. citizenship to give up their citizenship in their country of origin.

Although the Oath of Allegiance of the United States[22] speaks to renouncing ‘allegiance and fidelity to other nations, U.S. immigration law does not explicitely address the topic of dual citizenship lies in a U.S. Supreme Court opinion, Kawakita v. United States[23] and which explains that a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.’ Section 101(a)(22)[24] states that:

“the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.”

4.1 Therefore, the U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national.

4.3. The U.S. law does not impede its citizens’ acquisition of foreign citizenship whether by birth, descent, naturalization or other form of acquisition, by imposing requirements of permission from U.S. courts or any governmental agency. If a foreign country’s law permits parents to apply for citizenship on behalf of minor children, nothing in U.S. law impedes U.S. citizen parents from doing so.

The U.S. law does not require a U.S. citizen to choose between U.S. citizenship and another (foreign) nationality (or nationalities). A U.S. citizen may naturalize in a foreign state without any risk to their U.S. citizenship.

U.S. dual nationals owe allegiance to both the United States and the foreign country (or countries, if they are nationals of more than one). They are required to obey the laws of both countries, and either country has the right to enforce its laws. Claims of other countries upon U.S. dual-nationals may result in conflicting obligations under the laws of each country. U.S. dual nationals may also face restrictions in the U.S. consular protections available to U.S. nationals abroad, particularly in the country of their other nationality.

Some of the Countries that do no allow Dual Citizenship

By Article 5[25]

“Any person born abroad whose parents are both Chinese nationals and one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.”

Again Mexican citizens who naturalize in the United States or other countries may keep their Mexican nationality but may not vote and may not run or serve in public office in Mexico. Those who obtained U.S. citizenship before 1998, however, automatically lost their Mexican nationality and needed to apply within 5 years to reclaim it.[26]

Dual Citizenship in Some African Countries.

Dual citizenship is illegal in a number of African countries. Authoritarian leaders regard people with a second nationality as potentially dangerous with their “foreign” ideas. Several African countries, such as the Democratic Republic of Congo (DRC), Tanzania and Ethiopia, reject dual nationalities their citizens. In these countries, the fear of people with two citizenships seems to be acute. Moise Katumbi, a leading DRC opposition politician, was an Italian citizen for 17 years. For this reason, he was banned from running in the 2018 presidential election.

While the DRC does not recognize dual citizenship, Articles 6 and 7[27] the an exception is made for children born abroad. They are allowed to keep both nationalities until they come of age at 21. Then they have a year to renounce one of their citizenships. An Ethiopian law of 1930 stipulates that Ethiopians acquiring another nationality will cease to be Ethiopians. Foreigners who want to become Ethiopians need to prove that they’ve already renounced or are able to renounce their original citizenship.[28] .

Tanzania also does not allow dual citizenship.[29]

In 2007, Tanzanian Foreign Minister Bernard Member presented a report which recommended an amendment to this law. But the government argued that such a change represented a threat to peace, security and the Tanzanian population’s livelihood.

Maybe it’s a question of pride. Maybe these countries are so proud of their nationality that they don’t want any of their citizens to acquire another citizenship.” Legalization would not bring about any new problems. On the contrary: “It has been proved in the case of Ghana, for example, or even Kenya, that the country benefits from the inflow of funds from the countries of the citizens who have dual nationality.” Ghana legalized dual citizenship in 2002. Kenya followed suit in 2011.

5.0 Conclusion/Recommendation

There is nothing one can hide in this world today, due to the communication technology. Even in the DR Congo,

where they cut the internet, they were still communicating,”. It is believed that states will benefit from allowing their citizens to have dual nationality. “We have to put in place good systems, good laws, that can guide us to make sure that we prosper,”. Increased business, transport of goods and networking with people abroad are just a few advantages of dual citizenship.

It is important for African countries to build a bridge to the diaspora, to ease the way home for people with dual citizenship. “That is very important, because we are all citizens of this world, and not from one nation or the other. The whole world is ours. We are world citizens.

However, exceptions can be made to the offices of President of a country and that of Governors of states. This is borne out of the security briefings they receive as regards the security of lives and property in their country or state. This is because security matters are very serious matters that require true allegiance and undivided attention. As a President of a country might be faced with a situation where his country of birth and that of his acquisition, will be at war and the issue of which one comes first becomes a problem.

Bibliography

Texts

1 B. O. Nwabueze. A CONSTITUTIONAL HISTORY OF NIGERIA, 198.

O.U Gasiokwu. ECOWAS: PROBLEM OF CITIZENSHIP AND FREE MOVEMENT (WITH BASIC DOCUMENTS), ENUGU Chenglo LTD, 1998.
Melami, The Nigerian Constitutional Law, 3rd Ed. 2012.
A Oluyede. CONSTITUTIONAL LAW IN NIGERIA. Evans Brothers, 2001.
Journal

Oxfords Academy; International Journal of Constitutional Law, Volume 8, Issue 1, January 2010, Pages 111–130,
Statutes

The 1963 Constitution of Nigeria
The 1979 Constitution of Nigeria
The 1999 Constitution (as amended)
The Immigration and Nationality Act
Nationality Law of the People’s Republic of China (Adopted at the Third Session of the Fifth National Peoples Congress promulgated by Order No. 8 of the Chairman of the Standing Committee of the Natu People’s Congress on and effective as of September 10, 1980.
The 1993 Nationality Act.
Constitution de la Republique Democratique du Congo du ler about 1964.
The Citizenship Act.
Table of Cases

Agbakoba v SSS
Folakemi Adeosun v. Attorney-General of the Federation.
Dr Willie Ogbeide v Mr. Arigbe Osula,
Kawakita v. United States
[1] Black Law Dictionary 5th Edition

[2] (1994) 6 NWLR pt. 351,475

[3] European Union Charter. This would not, for example, include persons with a criminal record.

[4] www.yourdictionary.com, accessed4/07/2023 at 4:00pm

[5] 1999 CFRN

[6] Ben. O. Nwabueze. A CONSTITUTITIONAL HISTORY OF NIGERIA 1982, 29 – 35

[7] 1963 constitution of Nigeria

[8] ibid

[9] 1979 Constitution of Nigeria

[10] Suit No: FHC/ABJ/CR/303/2021

[11] The 1999 Constitution of Nigeria (as amended)

[12] The 1999 Constitution of Nigeria(as amended)

[13] ibid

[14] Ese Malemi, The Nigerian Constitutional Law, 3rd Ed. 2012, page 280

[15] The 1999 Constitution of Nigeria(as amended)

[16] The 1999 Constitution of Nigeria(as amended)

[17] ibid

[18] ibid

[19] Ibid

[20] (2004) 12 NWLR Part 886, page 137 paras E-G

[21] The 1999 Constitution (as amended)

[22] The Oath of Citizenship of Allegiance to the United States is a sworn declaration that every citizenship applicant must recite during a formal ceremony in order to become a naturalized American citizen. The Oath ceremony is a tradition dating back to the 18th century.

[23] 343 U.S. 717 (1952)

[24] The Immigration and Nationality Act (INA)

[25] Nationality Law of the People’s Republic of China (Adopted at the Third Session of the Fifth National People’s Congress, promulgated by Order No.8 of the Chairman of the Standing Committee of the National People’s Congress on and effective as of September 10, 1980

[26] The 1993 Nationality Act

[27] Constitution de la République Démocratique du Congo du 1er août 1964, articles.

[28] Ethiopian Nationality Law of 1930

[29] The Citizenship Act’s Chapter 357, Reference 2002