Section 66(1)(a) of the Constitution of the Federal Republic,1999,(As Amended ),is clear and unambiguous that a person who voluntarily acquires the Citizenship of another Country, who is a Citizen of Nigeria by birth is not eligible for elections.It is my submission that the operative word here is “voluntarily acquire the Citizenship of another Country”.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
So you can be a dual Citizen of Nigeria by birth. That is to say you are born in another country and at the same time, one of your parents or grandparents is indigenous to a Community in Nigeria. This is the category of dual citizens that can not be caught by Section 66(1) of the Constitution.
Section 66(1) is clear and unambiguous and should interpreted literally as expected by the literal cannon of interpretation.
Section 28 only says you will not forfeit your Citizenship,but by the provisions of Section 66(1) of the Constitution, you can not contest. In the United States, if you are not born in the United States you cannot contest for the Presidency. It does not detract from your Citizenship.
So, the argument that Section 28 of gives you leverage to contest is not tenable as the being a Citizen simpli cita ,does not qualify you to contest, except you meet other pre-requisites and one of the pre-requisites is as stated in Section 66 (1) of the Constitution.
The Provisions of the Constitution finds expression in Section 66 (1) which prohibits a person who voluntarily acquires the Citizenship of another Country from elective Office.
The cases of Ogbeide v. Osula and Labour Party v. Ishola, referred to be some analysts are Court of Appeal decisions. The Supreme Court had decided in Ucha v. Onwe that voluntary acquisition of citizenship of another Country, prohibits you from elective Office in tandem with Section 66(1)(a) of the Constitution of the Federal Republic 1999,(As Amended ).
This remains the Law according to the legal principle and tradition of following Staris Decisis (Judicial Precedence).
The recent decision by the Elections Petitions Tribunal in Ondo State on this score conforms with the Nigerian jurisprudential millieu on the Matter.
The attempt to recently politicize the issue, by some section of the Media by saying the Senate President -Senator Ahmed Lawal and the Speaker of the House of Representatives, Hon. Femi Gbajamiala, both risk losing their seats leaves much to be desired.
Concerning the Senate President and the Speaker of the Federal House ,both issues are not subject of litigation in any Court of Competent jurisdiction and are now even Statute Barred in view of the most recent alteration to the Constitution in July ,2018,that makes pre-election matters time-barred,if not initiated with 14 days when the cause of action accrued, the exception being when the issue relates to denial of Fair Hearing.
The Contention of the said Section of the Media is a distortion of facts and it amounts to giving false information to the Public.
The Senate President and the Speaker do not risk losing their seats as no cause is in any Court that is being determined on this score. You can only lose your seat upon a pronouncement of a Court of Competent jurisdiction not on the pages of newspapers or posts on blogs.
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
"You Don't Need To Be Rich, You Just Need To Start" — Victoria Ezeigwe, Esq Launches Investment Handbook For Nigerians Starting With ₦5,000
Get your copy today and take the first step toward financial growth:👉 https://selar.co/4f16676016
_______________________________________________________________________
