Simone Lawson
Nigerian nationality law is regulated by the Constitution of Nigeria and various international agreements to which the country is a signatory. The Constitution outlines the legal means to acquire nationality, which differs from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Citizenship can be acquired in Nigeria in three ways: by birth, by naturalisation, and by registration.
| Characteristics | Values |
|---|---|
| Citizenship by birth | Every person born in Nigeria before or after the date of independence (1 October 1960) to parents or grandparents who belong to an indigenous community or are citizens of Nigeria. |
| Citizenship by naturalisation | Any person who has resided in Nigeria for a continuous period of 15 years or a period of 12 months plus 15 years intermittently over the next 20 years. They must also take the Oath of Allegiance and renounce any other citizenship. |
| Citizenship by registration | Any woman married to a Nigerian man, or any person born outside Nigeria with a Nigerian grandparent. |
| Rights of citizens | The right to move freely and reside anywhere in Nigeria, to own immovable property, and to be free from discrimination based on circumstances of birth. |
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What You'll Learn
Citizenship by birth
- Every person born in Nigeria before the date of independence (1st October 1960), either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria. However, if neither of the person's parents nor grandparents was born in Nigeria, they are not considered a citizen by birth.
- Every person born in Nigeria after the date of independence, either of whose parents or any of whose grandparents is a citizen of Nigeria.
- Every person born outside Nigeria to Nigerian parents or with one Nigerian parent and one foreign parent.
Citizenship by Naturalisation
Naturalisation can be granted to persons who have resided in Nigeria for at least 15 years and can demonstrate that they understand the customs, traditions, and responsibilities of citizenship. The general qualifications are that applicants have good character and are able to contribute to the progress of the nation. Applications are submitted to the Ministry of the Interior and then forwarded to various state agencies, the state governor, and the police. If accepted, the application is sent to the Federal Executive Council for a recommendation, with the final decision made by the President of Nigeria.
Citizenship by Registration
Citizenship by registration is granted to two classes of people:
- Any woman who is or has been married to a citizen of Nigeria.
- Every person of full age and capacity (18 years or older) born outside Nigeria, any of whose grandparents is a citizen of Nigeria.
It is important to note that Nigerian nationality law is regulated by the Constitution of Nigeria and various international agreements to which the country is a signatory. These laws determine who is eligible for Nigerian citizenship and nationality.
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Citizenship by naturalisation
Citizenship in Nigeria can be acquired in three ways: by birth, by naturalisation, and by registration. This answer will focus on citizenship by naturalisation.
- Be of full age and capacity (18 years and above)
- Be of good character, with two persons testifying to this, one of whom should be a religious minister
- Show a clear intention and desire to be domiciled in Nigeria
- Be acceptable to the local community in which they intend to live and have assimilated into the Nigerian way of life
- Be capable of making a useful contribution to the advancement, progress, and well-being of Nigeria
- Take the Oath of Allegiance to Nigeria, as provided by Schedule 7 to the Nigerian Constitution
- Have resided in Nigeria for either: a continuous period of 15 years preceding the application date; or a continuous period of 12 months, and during the 20 years immediately preceding that 12-month period, have resided in Nigeria for periods totalling not less than 15 years
Upon fulfilling these requirements, an individual may submit a written application to the President for a certificate of naturalisation. It is important to note that under Section 28 of the Constitution, an individual intending to acquire Nigerian citizenship by naturalisation must first renounce any previously acquired citizenship, except for citizenship acquired by birth.
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Citizenship by registration
Who can become a citizen of Nigeria by registration?
Section 26 of the Nigerian Constitution outlines two classes of people who can become citizens of Nigeria by registration:
- Any woman who is or has been married to a Nigerian citizen. However, due to the patriarchal nature of Nigerian society, this does not apply to men who are married to Nigerian women.
- Every person of full age and capacity (18 years or older) born outside Nigeria any of whose grandparents is a citizen of Nigeria.
Requirements for citizenship by registration
The requirements for citizenship by registration are:
- The individual must have lived in Nigeria continuously for 15 years preceding the application date, or for 12 months continuously, and during the 20 years immediately preceding that period of 12 months, have resided in Nigeria for periods totalling not less than 15 years.
- The individual must be of good character, with two people testifying to this, one of whom should be a religious minister.
- The individual must express and show a clear desire to be a resident in the country, fulfilling residency requirements necessary to qualify as a citizen.
- The individual must take the Oath of Allegiance to Nigeria, which is provided by Schedule 7 to the Nigerian Constitution and is administered by a representative of the government in a citizenship ceremony.
- The governor of the state of the host community where the person applying for citizenship wants to reside must confirm the willingness of that community to accept that individual.
- The individual must renounce the citizenship of other countries they may have previously acquired, except citizenship of a country acquired by birth.
Rights and restrictions of citizens of Nigeria
Every citizen of Nigeria is entitled to move freely throughout the country and to reside in any part of it. They have the right to acquire and own immovable property anywhere in Nigeria. Nigerian citizens also have the right to not be subjected to any disability or deprivation merely by reason of the circumstances of their birth.
However, there are some restrictions on the rights of Nigerian citizens. For example, laws may restrict the residence or movement of any person who has committed or is reasonably suspected of having committed a criminal offence, in order to prevent them from leaving Nigeria. Additionally, dual citizenship is forbidden for registered citizens, and they may lose their Nigerian citizenship if they voluntarily acquire the citizenship of another country.
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Citizenship by descent
The Nigerian Constitution outlines three ways in which citizenship can be acquired: by birth, by naturalisation, and by registration. Citizenship by descent falls under the category of citizenship by birth.
The Nigerian Constitution also allows for foreign women who marry Nigerian citizens and individuals of adult age (18 years or above) born outside Nigeria with Nigerian grandparents to apply for citizenship by registration. This is outlined in Section 26 of the Constitution, which states that a person of full age and capacity born outside Nigeria with Nigerian grandparents can become a citizen by registration.
It is important to note that the Nigerian Constitution requires individuals seeking citizenship by registration or naturalisation to renounce any previous citizenship, except for citizenship acquired by birth. Additionally, the Constitution does not allow Nigerian citizens by registration or naturalisation to hold dual citizenship with another country.
The process of acquiring Nigerian citizenship is less stringent than in other countries, and the requirements are generally less strict and costly. However, it is important to refer to the Nigerian Constitution and seek legal advice for detailed and up-to-date information on the requirements and procedures for acquiring Nigerian citizenship by descent or any other means.
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Citizenship by marriage
Citizenship in Nigeria is regulated by the Constitution of Nigeria and various international agreements that the country is a signatory to. The Constitution of the Federal Republic of Nigeria 1999 (as amended) outlines the requirements for citizenship.
Citizenship can be acquired in Nigeria in three ways: by birth, by naturalisation, and by registration. Citizenship by registration is outlined in Section 26 of the Constitution and states that two classes of people can become citizens of Nigeria by registration. The first class is any woman who is or has been married to a citizen of Nigeria. The second class is every person of full age and capacity born outside Nigeria with at least one grandparent who is a citizen of Nigeria.
To be eligible for citizenship by registration, an individual must satisfy the following conditions: they must be of good character, with two persons testifying to this, one of whom should be a religious minister; they must express a clear desire to be resident in the country, fulfilling residency requirements; and they must take the oath of allegiance to Nigeria, administered by a representative of the government in a citizenship ceremony.
It is important to note that the 1999 Constitution retains gender discrimination, which is prohibited under the Convention on the Elimination of All Forms of Discrimination Against Women. While foreign wives can acquire Nigerian nationality by registration upon marriage, foreign husbands can only acquire nationality through naturalisation. Bills have been proposed to address this inequality, but they have faced rejection and controversy.
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