Dual Citizenship And the Law: Is

Bukola Saraki A Nigerian

Citizen? By Abdulaziz Olatunde
Bakare
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.

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
voluntarily acquired the citizenship of a country other

constitution, he has

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
citizenship or nationality of a country,
birth (Italics and

birth, he acquires, or retains the

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

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
acquisition as the citizen of another country, he would
member of the National Assembly if he
allegiance to any other
section

citizenship by his

stand disqualified from being a

holds such citizenship or has subscribed to oath of

country. That I must say with due respect, is not contained in the

under scrutiny. What one can make of that section read with sections

and 27 of the 199 constitution is that a citizen of this country by

citizenship even where he holds dual citizenship of
disqualified from contesting election

25,26

birth never loses his

another country and cannot be

into the House of Representative for reasons

only that he holds such dual citizenship. The lower tribunal therefore misled itself in that
regard

and the answer to

issue No. 4 is that section 66(1) of the 1999

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
Nigeria, 1999 (hereinafter referred to as 1999 constitution) it is clear
that the acquisition of dual citizenship by a Nigerian
disqualification for election to the National
Nigerian citizen is a citizen by birth.
sections 66(1) and 28 of the
citizen

of

and I hereby hold

per say is not a ground for

Assembly particularly where the

That is the clear meaning of the provisions in

1999 constitution when taken together. The only Nigerian

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.