Dual citizenship: Lawyers, activists canvass constitution amendment

…Say it raises issues of allegiance, patriotism, national security- Lawyers

…Public officers involved must renounce allegiance, says Olugbenga

Following the controversy generated by allegations that elected office holders in the country have dual citizenship, lawyers and political activists have canvassed for the amendment of the 1999 Constitution to be explicit about the category of Nigerians who hold public office.

They contend that the provisions of the constitution as contained in Sections 25-28 are ambiguous as to what category of Nigerians who can occupy public office or seek election into elective offices.

The Daily Times reports that the calls follow the furore generated by the discovery that Senate President, Ahmad Lawan and House of Representatives Speaker, Femi Gbajabiamila, hold dual citizenship.

It would be recalled that an Ondo State Election Petitions Tribunal, in a judgement delivered on July 31, sacked Rep. Ikengboju Gboluga, of the Peoples Democratic Party (PDP) representing Okitipupa/Irele Federal Constituency for having dual citizenship.

A constitutional lawyer, Ahmeed Ajibola Jimoh, said he would only support an amendment to the constitutional provisions if a thorough study of past events leading to the permission of the dual citizenship in the constitution by the drafters of the document proves unhelpful to the current situation the country finds itself.

He, however, agreed that dual citizenship has grave adverse consequences in respect to patriotism, loyalty and allegiance of the public office holder in question.

The lawyer stated that the constitution is clear about dual citizenship for those holding elective offices, as to the effect that only a citizen of Nigeria by birth shall be President and Vice-President and governor and deputy governor.

“However, the constitution only provides that only a citizen of Nigeria shall be a member of the National Assembly (both Senate and House of Representatives) and House of Assembly, which in my view, means that not only a citizen of Nigeria by birth can be elected into those offices,” he added.

According to Chief Dayo Olugbenga (SAN), there is nothing wrong with a Nigerian holding dual citizenship, but he contended that the moment a Nigerian swears an oath of allegiance to another country, he/she ought not to hold any public office.

Quoting Section 66 of the constitution, Chief Olugbenga (SAN) added that swearing an oath of allegiance to another country disqualifies one from holding a legislative office.

“It is therefore, advised that any person(s) with interest in vying for any elective political position should rather renounce their allegiance of the other country before making attempt to contest for any election in Nigeria,” he posited.

Another senior lawyer, Ikechukwu Njoku said that the position of the constitution and judicial pronouncements on the matter are very clear, asserting 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.

He challenged those citing Section 66 (1) (a) to make further efforts to read the said section in conjunction with other relevant sections of the constitution, especially Sections 25-27 which outlines various ways one can acquire Nigerian citizenship.

“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 becomes applicable under the constitution is by holders of citizenship by registration under Section 26 and citizenship by naturalisation, under Section 27.

“This position has gained judicial attention over the years. One of the most outstanding judicial authorities on this matter is the Court of Appeal decision in the case of Dr. Willie Ogebide vs Mr. Arigbe Osula (2004) as delivered by Justice Adeniji,” Njoku added.

Similarly, an activist and public commentator, Victor Amajemba said that the case of dual citizenship and the right to contest for a political office in Nigeria was settled in the case of Prof. Isa Odidi and another vs the Independent National Electoral commission (INEC).

He said that “bottom line is, 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 naturalised citizen of Nigeria and hold dual citizenship of another country, you are not allowed to contest for any political office in Nigeria.”

A retired Chief Magistrate, Hussein Duraki said dual citizenship implies that a citizen of one country by birth has acquired the citizenship of another country either by registration or naturalisation.

He said that a careful examination of the constitutional provisions, specifically, Sections 25-28 provide three methods for the acquisition of Nigeria citizenship and these are through birth, registration and naturalisation.

According to him, there is nothing in the constitution that prohibits a Nigerian citizen from holding dual citizenship, reiterating that Section 25 (1) (a-c) of the constitution deals with citizenship by birth and it confers Nigerian citizenship on any person born by Nigerian parent(s) in or outside the country.

On the other hand, Sections 26 and 27 confer citizenship of Nigeria on foreigners by registration and naturalisation respectively, he said.

But, Duraki, who also served in the Nigerian Army during the civil war, said though the constitution does not prohibit public officers from acquiring citizenship of another country, the practice is morally wrong.

“This is because dual citizenship has grave implications to the loyalty, patriotism and allegiance of public officers. For instance, can the loyalty of persons with dual citizenship ever be 100 per cent in the country he or she is serving?

“I will say no. Because the antecedents of the past and present public officers with dual citizenship in this country have shown the level of their patriotism,” he observed.

He said that the fact that persons with dual citizenship have taken an oath of allegiance to another country divides their loyalty and create grave consequences for national security.

Duraki said that the fear of divided loyalty informed why the Nigerian military does not allow its personnel to have dual citizenship.

The retired magistrate concluded by asserting that said if the military personnel who merely implement policies formulated by top public officers with dual citizenships, preclude its personnel from acquiring dual citizenship because of its implications, “then the public officers and persons holding elective positions that formulate these policies should be precluded from having dual citizenship.”

However, attempts by our correspondent to get the Senate President, Ahmad Lawan’s reaction proved abortive, as calls, text messages and e-mails sent to his Special Adviser on Media, Ola Awoniyi, were unanswered.

Also, when contacted, media handlers of Speaker Femi Gbajabiamila said that since the issue is a subject of litigation in the courts, they wouldn’t make any comments for now until the court disposes of the matter.