Eleanor Finch
Nigerian nationality law is regulated by the Constitution of Nigeria, which was last amended in 1999, and various international agreements to which the country is a signatory. The Constitution outlines the legal means to acquire nationality, which differs from citizenship, as the former describes the relationship of an individual to the state under international law, while the latter refers to the domestic relationship of an individual within the nation. There are three ways in which citizenship is acquired in Nigeria: citizenship by birth, citizenship by registration, and citizenship by naturalisation.
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What You'll Learn
Citizenship by birth
The Nigerian Constitution of 1999, which was adopted after the end of a second military regime, outlines the requirements for citizenship. Citizenship by birth is one of the ways to acquire citizenship in Nigeria.
According to Section 25 of the Nigerian Constitution, individuals born in Nigeria after 1 October 1960 are eligible for citizenship if they have at least one parent or grandparent who belongs or belonged to a community indigenous to Nigeria. This means that if an individual can trace their ancestry through their parents or grandparents to a community indigenous to the geographical location of Nigeria, they are eligible for citizenship by birth.
The 1979 Constitution, which was in effect prior to the 1999 Constitution, also provided for citizenship by birth. It stated that those born in the territory prior to independence were Nigerian citizens if one of their parents or grandparents had also been born in Nigeria. Those born in Nigeria after independence automatically acquired citizenship by descent from a Nigerian parent or grandparent, and those born abroad acquired citizenship by descent from a Nigerian parent.
It is important to note that the Nigerian Constitution distinguishes between nationality and citizenship. While nationality refers to the legal relationship between an individual and the state under international law, citizenship refers to the domestic relationship between an individual and the nation. In Nigeria, nationality is typically obtained under the principle of jus sanguinis, which means that it is acquired by descent.
In addition to citizenship by birth, there are other ways to acquire citizenship in Nigeria, including citizenship by registration and naturalisation. Citizenship by registration is outlined in Section 26 of the Constitution and applies to women who are or have been married to Nigerian citizens, as well as individuals born outside of Nigeria with Nigerian grandparents. Naturalisation, on the other hand, is granted to individuals who have resided in Nigeria for a sufficient period and have fulfilled the requirements outlined in Section 27 of the Constitution.
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Citizenship by naturalisation
The Nigerian Constitution of 1999 provides a detailed procedure for acquiring Nigerian citizenship. Citizenship by naturalisation is one of the ways in which one can become a citizen of Nigeria.
Firstly, it is important to note that Nigeria does not allow persons who have been naturalised in another country to naturalise as Nigerians. Additionally, citizenship by naturalisation can be granted to persons who have resided in Nigeria for a continuous period of at least 15 years. This is to ensure that the applicant understands the customs, traditions, and responsibilities of being a Nigerian citizen.
Secondly, according to Section 27 of the Constitution, an applicant must satisfy the President of the following: they are, in the opinion of the Governor of the State where they reside or propose to reside, acceptable to the local community and have assimilated into the Nigerian way of life in that part of the Federation; they have the capacity to make a useful contribution to the advancement, progress, and well-being of Nigeria; they have taken the Oath of Allegiance prescribed in the Seventh Schedule to the Constitution; and they have resided in Nigeria for either a continuous period of 15 years or a continuous period of 12 months, and during the 20 years immediately preceding that 12-month period, they have resided in Nigeria for periods amounting to not less than 15 years in total.
Thirdly, an applicant for citizenship by naturalisation must renounce any previous citizenship, except for citizenship acquired by birth.
Finally, it is worth noting that citizens by naturalisation are not allowed to hold any elective or appointive office within 10 years of being granted citizenship. Additionally, the President cannot deprive a Citizen by Naturalisation of their citizenship if they are satisfied that within seven years of becoming naturalised, the citizen has been sentenced to imprisonment for a term of three years or more.
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Citizenship by registration
The Constitution of the Federal Republic of Nigeria 1999 outlines two classes of people who can become citizens of the country by registration. The first class includes any woman who is or has been married to a Nigerian citizen. The second class includes every person of full age and capacity born outside Nigeria, with at least one grandparent who is a Nigerian citizen.
To become a Nigerian citizen by registration, an applicant must be of full age and capacity, which is 18 years or older. They must also satisfy the President of Nigeria that they meet the following requirements:
- They are of good character.
- They have shown a clear intention to be domiciled in Nigeria.
- They have taken the Oath of Allegiance prescribed in the Seventh Schedule of the Constitution.
- They are, in the opinion of the Governor of the State where they intend to reside, acceptable to the local community and have assimilated into the Nigerian way of life in that part of the Federation.
- They are capable of making a useful contribution to the advancement, progress, and well-being of Nigeria.
- They have either resided in Nigeria for a continuous period of 15 years or resided in Nigeria continuously for 12 months and resided in Nigeria for periods amounting to a total of 15 years in the preceding 20 years.
It is important to note that a citizen by registration cannot hold any elective or appointive office within ten years of registration. Additionally, they are not allowed to hold any office under the State, in the armed forces, or as a member of the Nigeria Police Forces due to restrictions imposed by law.
The President of Nigeria has the power to make regulations granting special immigrant status with full residential rights to non-Nigerian spouses of Nigerian citizens who do not wish to acquire Nigerian citizenship. These regulations must be presented to the National Assembly and cannot conflict with the chapter on Citizenship in the Constitution.
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Citizenship by marriage
According to the Nigerian Constitution, a person can become a Nigerian citizen by birth, registration, or naturalisation.
- Any woman who is or has been married to a Nigerian citizen.
- Every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.
The Nigerian Constitution also provides for the following individuals under Section 26(2) of the Constitution to be a Nigerian citizen by registration: a woman who is married to a man from Nigeria. The Constitution does not state the same for a man who is married to a woman from Nigeria, due to the patriarchal nature of the society.
To become a Nigerian citizen by marriage, the spouse must be of full age and capacity, which under the Nigerian Constitution, is the age of 18 years. The applicant must renounce the citizenship of other countries previously acquired, except for citizenship acquired by birth. The applicant must also satisfy the President of the following:
- They are, in the opinion of the Governor of the State where they propose to be resident, acceptable to the local community in which they are to live permanently, and have been assimilated into the way of life of Nigerians in that part of the Federation.
- They are capable of making a useful contribution to the advancement, progress, and well-being of Nigeria.
- They have taken the Oath of Allegiance prescribed in the Seventh Schedule to the Constitution.
- They have, immediately preceding the date of their application, either resided in Nigeria for a continuous period of fifteen years, or resided in Nigeria continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months, have resided in Nigeria for periods amounting in the aggregate to not less than fifteen years.
The President may make regulations, not inconsistent with the chapter on Citizenship, granting special immigrant status with full residential rights to non-Nigerian spouses of citizens of Nigeria who do not wish to acquire Nigerian citizenship.
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Renouncing citizenship
Renouncing Nigerian Citizenship
According to the 1999 Constitution of the Federal Republic of Nigeria, any citizen of full age (18 years or older) can renounce their Nigerian citizenship. This process involves making a declaration of renunciation in the prescribed manner by the President, and the declaration must be registered. After this, the person is no longer considered a Nigerian citizen. However, it is important to note that the President may withhold registration during a war involving Nigeria or if it is deemed contrary to public policy.
It is worth mentioning that citizens by birth cannot be deprived of their Nigerian citizenship, even if they acquire another nationality. In such cases, dual citizenship is legally recognized. Renouncing Nigerian citizenship may only be necessary if the individual's new country does not permit dual nationalities.
The process of renouncing Nigerian citizenship involves visiting the appropriate authority, such as the Ministry of Interior, Nigerian Immigration Service, or the Nigerian embassy in the applicant's country of residence. Applicants must complete and submit the required forms, which typically include providing documentation such as a foreign citizenship certificate, birth certificate, and proof of acquisition of foreign citizenship. The approval process can take a few months, and the applicant's Nigerian passport will be nullified upon a successful application.
It is important to carefully consider the advantages and disadvantages of renouncing one's citizenship, as it is a sensitive and lifelong decision. Consulting with legal practitioners is highly recommended to understand the potential consequences and ensure compliance with the law.
For those who have renounced their Nigerian citizenship and wish to visit the country, the Nigeria Visa Policy 2020 offers special visas for this specific scenario.
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Frequently asked questions
According to Section 25 of the Nigerian Constitution, individuals born in Nigeria after 1 October 1960 with at least one parent or grandparent belonging to a community indigenous to Nigeria are eligible for Nigerian citizenship.
Nigerian citizenship can be obtained through naturalisation by those who have resided in the country for a sufficient period of time, demonstrating an understanding of Nigerian customs, traditions, and the responsibilities of citizenship. Applications are submitted to the Ministry of the Interior and then forwarded to various state agencies, including the Immigration Service and the State Security Service. The final decision on the application is made by the President of Nigeria.
Yes, under Section 26 of the Constitution, a foreigner married to a Nigerian can acquire citizenship by registration. However, the 1999 Constitution retains gender discrimination, allowing foreign wives to acquire Nigerian nationality by registration upon marriage, while foreign husbands can only acquire nationality through naturalisation.
