Eleanor Finch
The Nigerian Constitution of 1960 outlines the criteria for citizenship, with subsequent amendments and laws providing further clarification. The Constitution guarantees certain rights to citizens, including the right to acquire and own property, freedom of movement, and protection from deportation. Citizenship can be acquired by birth, naturalisation, or registration, with specific provisions for those with Nigerian heritage or spouses of Nigerian citizens. Naturalisation requires residency for a minimum of 15 years, demonstrating an understanding of Nigerian customs and traditions, and renouncing any prior citizenship. The 1960 Constitution also addressed the independence of Nigeria, impacting the citizenship status of those previously considered citizens of the United Kingdom and Colonies or British protected persons.
| Characteristics | Values |
|---|---|
| Date | 1 October 1960 |
| Citizenship by birth | Granted to those born in Nigeria before or after the date of independence (1 October 1960) if either of their parents or grandparents belong to an indigenous community or is a citizen of Nigeria |
| Citizenship by birth | Granted to those born outside of Nigeria after the date of independence if either of their parents is a citizen of Nigeria |
| Citizenship by registration | Granted to a woman who is married to a man from Nigeria |
| Citizenship by naturalisation | Granted to those who have resided in Nigeria for a continuous period of 15 years or a period of 12 months, and during the period of 20 years immediately preceding that period of 12 months has resided in Nigeria for periods amounting in the aggregate to not less than 15 years |
| Citizenship by naturalisation | Granted to those who have a certificate of naturalisation, are of full age and capacity (aged 18 and above), and have renounced the citizenship of other countries |
| Citizenship by naturalisation | Granted to those who have good character and are able to contribute to the progress of the nation |
| Rights | Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part of it |
| Rights | Every citizen of Nigeria has the right to acquire and own immovable property anywhere in Nigeria |
| Rights | Every citizen of Nigeria has the right to a nationality |
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What You'll Learn
Citizenship by birth
The 1960 Nigerian Constitution, in Chapter II, outlines provisions on citizenship. Here's a detailed overview of the citizenship by birth criteria outlined in the 1960 Constitution:
- Pre-Independence: Every person born in the former Colony or Protectorate of Nigeria before the date of independence (October 1, 1960) is a citizen if either of their parents or any of their grandparents belonged to a community indigenous to Nigeria or was born in Nigeria. However, if neither parent nor grandparent was born in Nigeria, that person would not acquire citizenship by birth.
- Post-Independence: Similarly, for those born after the date of independence, either of their parents or any of their grandparents must be a citizen of Nigeria for them to acquire citizenship by birth.
- Citizenship for those born outside Nigeria: The 1960 Constitution also extended citizenship by birth to those born outside Nigeria if either of their parents was a citizen.
- British Cameroon Inhabitants: Following a plebiscite in 1961, the inhabitants of northern British Cameroon voted to become part of Nigeria. The constitutional amendment effectively made CUKCs (Citizens of the UK and Colonies) or BPPs (British Protected Persons) born in Northern Cameroon, as well as their wives, Nigerian nationals.
- Grandparent Provision: Additionally, a person's parent or grandparent is deemed a citizen of Nigeria if, at the time of that person's birth, they would have possessed that status by birth had they been alive on the date of independence.
- Citizenship by Registration: The 1960 Constitution also allowed for citizenship by registration, specifically for women who married Nigerian men. This provision reflected the patriarchal nature of society at the time.
- Naturalisation: While not explicitly mentioned in the 1960 Constitution, subsequent laws and procedures outlined the process of acquiring Nigerian citizenship by naturalisation. This typically involved residency requirements, demonstrating knowledge of customs and traditions, and an oath of allegiance.
It's worth noting that the 1960 Constitution's provisions on citizenship by birth were amended and refined in subsequent years, including changes in 1974 and the creation of the Nigerian republic in 1963, which altered the regulations for nationality.
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Citizenship by naturalisation
The 1960 Nigerian Constitution, which came into effect on October 1, 1960, outlines the requirements for citizenship in Nigeria. While the focus of this response is on citizenship by naturalisation, it is worth noting that the Constitution also addresses citizenship by birth and registration.
- Renouncing any previous citizenships: Applicants must renounce any citizenships they may have acquired before acquiring Nigerian citizenship, except for citizenship acquired by birth.
- Residency requirements: Applicants must have resided in Nigeria for a continuous period of fifteen years or resided intermittently for a total of fifteen years over a twenty-year period, including a continuous twelve-month period.
- Oath of Allegiance: Applicants must take the Oath of Allegiance, prescribed in Schedule 7 of the Constitution, administered by a government representative during a citizenship ceremony.
- Good character: Applicants must demonstrate good character, supported by the testimony of two individuals, one of whom should be a religious minister.
- Approval by the Governor: The governor of the state where the applicant wishes to reside must confirm the community's willingness to accept the individual.
- Application to the President: Applicants must submit a written application to the President, who will grant the certificate of naturalisation if all requirements are met.
- Age requirement: Applicants must be of full age and capacity, typically 18 years or older.
It is important to note that the requirements for citizenship by naturalisation may have been modified since the 1960 Constitution, as Nigeria's nationality laws and regulations have undergone changes over time. For instance, in 1961, Northern Cameroon was incorporated into the Federal Republic of Nigeria, and the constitution was amended to include individuals from Northern Cameroon as Nigerian nationals. In 1963, the constitution was changed to create the Nigerian republic, but the regulations for nationality remained largely unchanged. Subsequently, in 1974, the military government repealed the Citizenship Act and constitutional provisions related to automatic nationality acquisition, and further changes were made to the nationality laws under the 1979 Constitution.
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Citizenship by registration
The 1960 Nigerian Constitution, which came into effect on October 1, 1960, outlines the requirements for citizenship in the country. The constitution provides for citizenship by birth, registration, and naturalisation.
The Nigerian Constitution allows foreign spouses of Nigerian citizens to acquire Nigerian citizenship by registration. Specifically, a foreign woman who marries a Nigerian man can apply for Nigerian citizenship by registration. This provision reflects the patriarchal nature of Nigerian society at the time. However, it is important to note that this provision does not extend to foreign husbands of Nigerian women, who can only acquire citizenship through naturalisation.
The 1960 Constitution and subsequent amendments also provide a pathway to citizenship by registration for individuals with Nigerian ancestry. A person born outside of Nigeria to a Nigerian father or Nigerian grandparents may be eligible for citizenship by registration. This provision ensures that individuals with Nigerian heritage can establish their citizenship rights, even if they were born abroad.
In addition, the Nigerian Constitution allows for individuals who have resided in Nigeria for an extended period to acquire citizenship by registration. To qualify, an individual must have continuously resided in Nigeria for at least fifteen years or have a combination of continuous residence for twelve months and intermittent residence totalling fifteen years over a twenty-year period. This provision recognises that long-term residents who have established roots and contributed to the country can become citizens.
Oath of Allegiance and Renunciation of Foreign Citizenship
It is important to note that, regardless of the category of registration, individuals seeking Nigerian citizenship by registration must take the Oath of Allegiance prescribed in the Constitution. Additionally, as per Section 28 of the Constitution, applicants must renounce any previous citizenship they hold, except for citizenship acquired by birth.
In summary, the 1960 Nigerian Constitution and subsequent amendments provide a pathway to citizenship by registration for spouses of Nigerian citizens, individuals with Nigerian ancestry, and long-term residents. Applicants must meet specific requirements, take the Oath of Allegiance, and renounce foreign citizenship (except for birth citizenship) to acquire Nigerian citizenship by registration.
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Rights of citizens
The 1960 Nigerian Constitution came into force on October 1, 1960, the date of the country's independence. Under this constitution, Nigeria retained Queen Elizabeth II as its head of state, with Nnamdi Azikiwe representing the queen as Governor-General.
The 1960 Constitution contained provisions on citizenship in Chapter II. It outlined that anyone born in the former Colony or Protectorate of Nigeria, who was a citizen of the United Kingdom and its Colonies or a British protected person on September 30, 1960, would become a citizen of Nigeria on October 1, 1960. This applied unless neither of their parents nor grandparents was born in the former Colony or Protectorate of Nigeria.
Additionally, those born outside the former Colony and Protectorate of Nigeria but who were citizens of the United Kingdom and its Colonies or British protected persons on September 30, 1960, would become Nigerian citizens on October 1, 1960, if their father was born in the former Colony or Protectorate and was a citizen of the United Kingdom and its Colonies or a British protected person on September 30, 1960 (or would have been if he had not died before that date).
The 1960 Constitution also addressed the rights of citizens. It stated that every citizen had the right to reside in any part of Nigeria and could not be expelled or refused entry or exit. It also provided for full residence rights for citizens in all parts of the Federation. The Constitution encouraged inter-marriage among persons from different places of origin, religious, ethnic, or linguistic backgrounds, and promoted the formation of associations that transcended these barriers.
Furthermore, the 1960 Constitution granted the right to acquire and own immovable property anywhere in Nigeria to its citizens. It also allowed for special immigrant status and full residential rights to be granted to non-Nigerian spouses of Nigerian citizens who did not wish to acquire Nigerian citizenship.
Citizenship could be acquired through birth, registration, or naturalisation. A person born outside Nigeria after September 30, 1960, would become a Nigerian citizen at birth if their father was a Nigerian citizen. Additionally, individuals could be issued a certificate of citizenship if they met specific requirements, including being of good character, expressing a desire to reside in the country, fulfilling residency requirements, and taking an oath of allegiance.
It is important to note that the 1960 Constitution has been superseded by subsequent constitutions, including the 1963 Constitution, which abolished the monarchy, and the 1979 Constitution, which established the Second Nigerian Republic. The current constitution, enacted in 1999, outlines fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced military service.
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Loss of citizenship
The 1960 Nigerian Constitution, also known as the Independence Constitution, outlines the criteria and procedures for citizenship. It is worth noting that the 1960 Constitution was amended in 1961 to incorporate Northern Cameroon into the Federal Republic of Nigeria, which resulted in individuals from Northern Cameroon becoming Nigerian nationals.
Regarding the loss of citizenship, the 1960 Constitution does not appear to have specific provisions for this. However, subsequent versions of the Nigerian Constitution and other sources provide insights into this matter. Here are the details on the loss of Nigerian citizenship:
Voluntary Renunciation
Nigerian citizenship can be voluntarily renounced by making a declaration in the prescribed manner. The President shall register this declaration, and upon registration, the person ceases to be a citizen of Nigeria. This process is permitted by law, and inquiries can be directed to the Embassy of the Federal Republic of Nigeria.
Acquisition of Foreign Citizenship
According to Section 28 of the Nigerian Constitution, a person who acquires or retains the citizenship of a country other than Nigeria may forfeit their Nigerian citizenship if they are not a citizen of that other country by birth. This provision applies to registered or naturalized citizens of Nigeria.
Conviction and Sentencing
If a naturalized citizen is convicted of disloyalty to the Republic of Nigeria, it can result in the involuntary loss of their Nigerian citizenship. Additionally, if a naturalized citizen is sentenced to prison for three or more years before completing seven years of residence in Nigeria, they may lose their citizenship.
Changes in Citizenship Laws
Over time, there have been changes and repeals to the citizenship laws in Nigeria. In 1974, the military government repealed the Citizenship Act of 1960 and amended constitutional provisions related to automatic nationality acquisition. The 1974 Constitution did not explicitly preserve the status of those who previously acquired Nigerian nationality, creating uncertainty about retroactivity.
Naturalization Requirements
While not directly related to the loss of citizenship, it is important to note that naturalization in Nigeria requires applicants to meet specific qualifications. These include demonstrating good character, understanding Nigerian customs and traditions, and being able to contribute to the nation's progress. Applications are reviewed by various state agencies and ultimately decided by the President of Nigeria.
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Frequently asked questions
Every person born in Nigeria before or after the date of independence (1st October 1960) is a citizen of Nigeria by birth if either of their parents or any of their grandparents belong to an indigenous community or is a citizen of Nigeria.
Every person born outside of Nigeria before the date of independence is a citizen if they were a citizen of the United Kingdom and Colonies or a British protected person, and if at least one of their parents was born in the former Colony or Protectorate of Nigeria.
Those born after 1st October 1960 outside of Nigeria are citizens by birth if either of their parents is a citizen of Nigeria.
Citizenship can be acquired through naturalisation or registration. An individual can be issued a certificate of citizenship if they are of good character, express a desire to reside in the country, and take the Oath of Allegiance. The governor of the state must confirm the willingness of the community to accept the individual. The person must also have resided in Nigeria for 15 years continuously or for 12 months, and during the next 20 years lived in Nigeria for periods totalling not less than 15 years.
