By Mohammed Adamu
Except from my:
‘TINUBU AND THE ‘ABC’ OF ‘CITIZENSHIP’.
DUAL CITIZENSHIP
(Section 28 of the Constitution):
….of the 3 classes of citizenship recognized by the Constitution (by ‘birth’, by ‘registration’ and by ‘naturalization’), only the latter 2 (by registration’ and by ‘naturalization) are made expressly subject to the provisions of Section 28 on Dual Citizenship. The enjoyment of citizenship ‘BY BIRTH’ alone is not made subject to the provisions of Sec 28 on dual citizenship; meaning that the restrictions that Sec 28 imposes on those who become Nigerian citizens by ‘registration’ and by ‘naturalization’ do not affect those who are citizens ‘by birth’, of which Tinubu is one.
Section (28(1)) reads: “….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”. Note the exemptive phrase here “… NOT BEING A CITIZEN OF NIGERIA BY BIRTH”. Meaning only Nigerian citizens by birth (not those by Registration or naturalization), may ‘ACQUIRE or RETAIN the citizenship or nationality of another country, (of which they are not citizens by birth), without forfeiting their Nigerian citizenship.
Section 28 is specific in its reference only to Nigerian citizens by ‘registration’ and by ‘naturalization’ as those who (not being Nigerian citizens by birth), cannot ACQUIRE or RETAIN the citizenship or nationality of another country, unless it is the country of which they are citizens ‘by birth’. Meaning that a Nigerian citizen by ‘registration’ or naturalization, in addition to enjoying either of those statuses, may also be a citizen of his own country of birth, just like a Nigerian citizen by birth too, may be a registered or naturalized citizen of another country, (which must only not be his own country of birth).
RECONCILING SEC 28(1) WITH SEC 137(a) (on disqualification from Presidential contest): What then is the import of Sec 137(a) of the Constitution which says that “A person shall not be qualified for election to the office of President if: “SUBJECT TO THE PROVISIONS OF Section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or…….he has made a declaration of allegiance to such other country”
Here also the operative phrase is “SUBJECT TO THE PROVISIONS OF Sec 28” (on dual citizenship). Meaning that no candidate for election to the office of President, who is a Nigerian citizen by birth (not by registration or by naturalization), is affected by this provision.
The conclusion is that Section 28(1) having allowed Nigerians by birth, the right to dual citizenship, and Section 137(a), being subject to Sec 28(1), therefore does not preclude Tinubu, who is a Nigerian citizen (by birth), from the enjoyment, if he wishes, of dual citizenship. To allege therefore that Tinubu has dual citizenship is of no actionable implication. It in fact merely makes the maxim poignant, which says “allegari non debut, quod probatum non relevat”. Meaning “whatever is not relevant when proved, needs not be alleged in the first place.
