TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Of elections and dual citizenship – Tribune

The Citizen by The Citizen
September 9 2019
in Public Affairs
A A
0
SERAP sues Fashola over power sector spendings

The judgment by the Ondo State Election Petitions Tribunal that nullified the election of a member of the House of Representatives, Ikengboju Gboluga, has raised important issues that require clarification concerning the qualification of persons with dual citizenship to hold significant elective public offices in Nigeria. This is not just because it conflicts with earlier judgments made by tribunals of equivalent status in the system of courts, but more importantly because a dual citizen holding important elective or appointive position carries specific security and commitment implications.

The Ondo tribunal removed Gboluga, representing Okitipupa/Irele federal constituency, on the grounds that once a person holds dual citizenship or has sworn allegiance to another country, he cannot stand for election into the House of Representatives. Mr. Gboluga was in April declared winner of the election on the platform of the Peoples Democratic Party (PDP). However, the APC candidate challenged the declaration on the grounds that he holds United Kingdom citizenship in contravention of the relevant laws of the country, particularly section 66(1) of the 1999 Constitution. The section states: “No person shall be qualified for election to the Senate or the House of Representatives if: (a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country.”

Earlier, in a similar case, the Court of Appeal sitting in Ibadan, Oyo State, had dismissed an appeal filed by the state chapter of the Peoples Democratic Party (PDP) to challenge the election of the then state governor, Senator Abiola Ajimobi of the Action Congress of Nigeria (ACN), on the grounds that the governor allegedly held Nigerian and United States citizenship. But the court, in a judgment delivered by Justice J.S. Ikyegh, held that the appellant had not proved that Senator Ajimobi acquired American citizenship while being a Nigerian. Affirming the decision of the Oyo State Governorship Election Petitions Tribunal which initially dismissed the PDP’s petition, Justice Ikyegh declared that there was no merit in the appeal. He stated that Senator Ajimobi, having been proved to be a Nigerian by birth, could not be disqualified from contesting for any elective office in the country. He stressed that Senator Ajimobi could not be robbed of his right to hold public office.

Two issues are therefore at stake here. The first has to do with whether a Nigerian citizen by birth can lose his or her citizenship by acquiring the citizenship of another country or by pledging allegiance to another country. The position of the courts on this is unanimous. A Nigerian citizen by birth does not lose his or her citizenship by so doing. Section 28 of the 1999 Constitution 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 birth, he acquires, or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.” Apparently referring to Sections 25-27 of the  same constitution, it makes a distinction between citizenship by birth and other forms of citizenship.

It must be noted that these sections of the constitution provide that one can acquire Nigerian citizenship by birth, by registration  and by naturalisation. The second issue has to do with whether a Nigerian citizen by birth who has acquired the citizenship of another country or pledged allegiance to another country forfeits his or her right to significant elective public offices in Nigeria. This has been interpreted by some courts as applying only to those who are Nigerians by registration or naturalisation if they acquire the citizenship of other countries, while other courts have interpreted it more broadly to apply to Nigerian citizens by birth if they acquire the citizenship of other countries. The latter view was upheld in the judgment of the Ondo State Election Petitions Tribunal that nullified Gboluga’s election.

However, the Court of Appeal’s decision in the case of Dr. Willie Ogebide v. Mr. Arigbe Osula {2004} 12 NWLR (part 886, p. 127 paras D-G) rejected a similar judgment by an election tribunal. Adeniji, JCA, reading the lead judgment of the court, held as follows: “The tribunal held on page 121, paragraph 2 of the record, that a Nigerian citizen by birth, even though he does not forfeit his Nigerian citizenship by his acquisition of the citizenship of another country, would  stand disqualified from being a member of the National Assembly if he holds such citizenship or has subscribed to an oath of allegiance to any other country. That, I must say with due respect, is not contained in the section under scrutiny. What one can make of that section read with sections 25, 26 and 27 of the 1999 Constitution is that a citizen of this country by birth never loses his citizenship even where he holds dual citizenship of another country and cannot be disqualified from contesting election into the House of Representatives 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 be a member of the National Assembly.”

In our view, the continuing tension in the courts over this second issue requires that it should be pursued to the highest court in the land, so that a clear interpretation of the provisions of the constitution can be made. Happily, the PDP has rejected the judgement of the Ondo tribunal and declared that it would appeal the judgment.  We hope that it will pursue the case up to the Supreme Court. it is our view that the issue of dual citizenship has to be reviewed to ensure that individuals who are citizens of Nigeria by birth but hold dual citizenship or have pledged allegiance to another country need to have their status clearly defined.

Previous Post

550 pilgrims escape death at Minna airport

Next Post

Unbearable albatross – The Nation

Related Posts

Nigeria’s damning food affordability crisis – Punch
Public Affairs

Nigeria’s damning food affordability crisis – Punch

November 2 2026
Four states hold high-level talks to tackle insecurity
Public Affairs

Boko Haram compounding Nigeria’s case – Punch

October 23 2026
Nigeria’s inflation rate falls to 15.43% in July
Public Affairs

Economic stability must become shared prosperity – Punch

October 22 2026
Nigeria’s vote-buying scourge – Punch
Public Affairs

Nigeria’s vote-buying scourge – Punch

October 21 2026
Perils of LG Electoral Commission – Punch
Public Affairs

Yes, voters, not courts, must decide elections – Punch

October 20 2026
Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum
Public Affairs

Don’t involve civil servants in politics – Punch

October 16 2026
Next Post
Slippery crude oil swap – New Telegraph

Unbearable albatross – The Nation

Xenophobia: Two Nigerians stabbed to death in South Africa

The recurring South African xenophobia – The Sun

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Fasoranti: Family announces Dec 17 for funeral

Fasoranti: Family announces Dec 17 for funeral

by The Editor
October 23 2026
0

...

Ooni, Omisore mourn Afenifere leader Fasoranti

Ooni, Omisore mourn Afenifere leader Fasoranti

by The Editor
October 21 2026
0

...

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

APPOINTMENTS

Enugu APC releases updated campaign council list

by The Editor
October 31 2026
0

...

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

by The Editor
October 22 2026
0

...

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

ODDITIES

US pastor marries second wife, says monogamy unbiblical

US pastor marries second wife, says monogamy unbiblical

by The Editor
October 26 2026
0

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

GLOBAL NEWS

Russia agrees to ban recruitment of Ghanaian nationals for Ukraine war

Russia agrees to ban recruitment of Ghanaian nationals for Ukraine war

by The Editor
November 2 2026
0

...

Britain shouldn’t apologise for slave trade; Africa profited, says Kemi Badenoch

Britain shouldn’t apologise for slave trade; Africa profited, says Kemi Badenoch

by The Editor
November 2 2026
0

...

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

by The Editor
October 27 2026
0

...

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

by The Editor
October 27 2026
0

...

Netanyahu orders army to prepare for full West Bank closure after attack

Netanyahu orders army to prepare for full West Bank closure after attack

by The Editor
October 23 2026
0

...

State of the States

Delta SUBEB denies N13.4bn unspent funds claim

Delta SUBEB denies N13.4bn unspent funds claim

by The Editor
October 31 2026
0

...

Ogun State mulls relocation of communities over gas leak

Ogun State mulls relocation of communities over gas leak

by The Editor
October 23 2026
0

...

Gombe confirms cholera outbreak, treats 74 patients

Gombe confirms cholera outbreak, treats 74 patients

by The Editor
October 21 2026
0

...

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
PGF denies report of Uzodimma’s removal as chairman

Why Enugu will vote for APC candidates in 2027 – Gov. Mbah

November 2 2026

Gov. Otti Judo Tourney begins in Umuahia

November 2 2026
Police probe discovery of beheaded teenager’s body in Cross River

Police probe discovery of beheaded teenager’s body in Cross River

November 2 2026
National Assembly proposes more legislative seats for women

National Assembly proposes more legislative seats for women

November 2 2026

EDITORIAL REVIEW

Nigeria’s damning food affordability crisis – Punch

Nigeria’s damning food affordability crisis – Punch

by The Editor
November 2 2026
0

Four states hold high-level talks to tackle insecurity

Boko Haram compounding Nigeria’s case – Punch

by The Editor
October 23 2026
0

Nigeria’s inflation rate falls to 15.43% in July

Economic stability must become shared prosperity – Punch

by The Editor
October 22 2026
0

Nigeria’s vote-buying scourge – Punch

Nigeria’s vote-buying scourge – Punch

by The Editor
October 21 2026
0

Perils of LG Electoral Commission – Punch

Yes, voters, not courts, must decide elections – Punch

by The Editor
October 20 2026
0

Opinion

NAFDAC mops up Europharm products nationwide

What is a Nigerian’s life worth?

by The Editor
November 2 2026
0

...

Blackouts: Broken promises, powering failure – Punch

The revenge of Band A

by The Editor
October 27 2026
0

...

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.