Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,156,258 members, 7,829,511 topics. Date: Thursday, 16 May 2024 at 08:15 AM

Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir (1012 Views)

I Don't Have Dual Nationality - Peter Obi / BREAKING: Nigeria Constitution Permits Only Muslims To Use Religion In Politics / I’m Nigerian By Birth, Says Atiku- PUNCH (2) (3) (4)

(1) (Reply) (Go Down)

Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Biodun556(m): 7:51am On Apr 25, 2023
Also, section 28 goes on to make the disqualification of a dual citizen subject to Section 28 of the Constitution. Section 28 (1) talks about individuals who acquire Nigerian citizenship (by means other than birth) and go on to acquire or retain citizenship of another country (acquired other than by birth), such individuals shall forfeit Nigerian citizenship or shall renounce Nigerian citizenship.

In simple terms, Section 28 says that individuals who are disqualified from holding dual citizenship in Nigeria, are those who have citizenship of another country, which was obtained by either naturalisation or registration and then seek to acquire a form of Nigerian citizenship (and that form is by registration or naturalisation) and vice versa.


That individual has to renounce the citizenship that he held prior to the application for Nigerian citizenship, (if he is not a citizen by birth) or lose his Nigerian citizenship when he wants to obtain citizenship in another country.

In other words, only citizens by birth can acquire citizenship of another country and they are not required to renounce their Nigerian citizenship except that other country requires such renunciation.

Therefore, Section 137 of the constitution seems redundant because citizens who acquired citizenship by naturalisation or registration (which it refers to) can never be President as the first requirement for candidates for the presidency as contained in Section 131 of the constitution is that such a person must be a citizen by birth.


The above discussed requirement for the presidency has not been tested by Nigerian courts.

However, there have been issues relating to the dual citizenship of candidates for the National Assembly. These issues came up in Anthony George Ikoli v. Ben Murray Bruce and Willie Ogbeide v. Arigbe Osula & ors.

It should be noted that the constitutional requirements discussed above for an aspirant to the presidency are almost the same as that of an aspirant to the National Assembly. The only difference is that the aspirant has to be only a Nigerian citizen; there is no mention of the type of citizen.


In the two cited cases, the same issue came up; individuals were challenging the elections of the elected candidates (amongst other grounds) on the ground that the respondents had dual citizenship. In other words, though they were Nigerian by birth, they had sworn allegiance to other countries (United States of America).

The Court of Appeal in Ogbeide’s case held that with sections 25, 26 and 27 of the constitution, 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 Representative on the ground that he holds such dual citizenship.


Unlike Section 137 which appears to be redundant for presidential aspirants, Section 66 which contains similar provisions is not. This is so because, since every citizen can aspire to be a member of the National Assembly, it therefore means that some of them can be caught in the web described in Section 28 which Section 66 like its counterpart 137 refers to.

Therefore, the only question Tinubu may likely have to answer is to explain why he allegedly told INEC in form EC-9 that he never obtained citizenship in another country.


It remains unclear whether the LP, PDP and the other parties could introduce the argument to favour their prayers at the presidential elections petition court.

Though the 21-day window for amending petitions has passed, if the presiding judges consider their argument to be sufficiently compelling, the deadline may be extended or waived.

It would be recalled that during the build-up to the presidential election, human rights activist and lawyer, Mr. Kayode Ajulo, had warned President Muhammadu Buhari and the National Chairman of APC, Senator Abdullahi Adamu, against the danger of picking a presidential candidate with dual citizenship.


Ajulo said there was a plot by the opposition to ensure that the APC was disqualified based on this just as was done in the Bayelsa Governorship race in February 2020.

According to Ajulo in a letter he wrote to Buhari, some of the aspirants either had dual citizenship or criminal records, which could be used in disqualifying the APC.

Ajulo then asked the APC to take into consideration the 1999 Constitution specifically Chapter VI, Part 1, Section 131 and which outlines the basic requirements to be met by a candidate to be eligible for an election into the office of the President in Nigeria. He said among others that these requirements include that the aspirant must be a citizen of Nigeria by birth.


Ajulo reportedly added: “Section 137 of the same constitution as amended, goes further to illuminate this matter by providing for several situations which doth render a candidate ineligible to be elected as the President, stating that a candidate will be ineligible: If he/she has voluntarily acquired the citizenship of a country other than Nigeria or has declared allegiance to such other country.”

However, the Minister of Works and Housing, Babatunde Fashola (SAN), has argued that the 1999 Constitution does not bar Nigerians with dual citizenship from becoming president of Nigeria.


Fashola, while speaking during a television programme, said: “I know he (Tinubu) carries a Nigerian passport. I don’t know about dual citizenship. I know he resided abroad when he went into exile. I don’t know if they gave him American citizenship. What does that have to do with the results of the election? The last time I checked, I think the Nigerian constitution allows you to have dual citizenship. Doesn’t it?”

He, however, added that he needed to check what the constitution actually says on the issue of dual citizenship.



https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/04/23/can-a-candidate-be-disqualified-for-dual-citizenship/amp/

2 Likes 1 Share

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Biodun556(m): 7:51am On Apr 25, 2023
Obidients should try something else

3 Likes 2 Shares

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Paperwhite(m): 7:54am On Apr 25, 2023
Biodun556:
Obidients should try something else
So why did Tinubu lied on his information to INEC that he does not have dual citizenship? He has committed perjury. You people are the worst set of humanity always defending senselessness..

14 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Biodun556(m): 7:55am On Apr 25, 2023
Paperwhite:
So why did Tinubu lied on his information to INEC that he does not have dual citizenship? He has committed perjury. You people are the worst set of humanity always defending senselessness..

What evidence do you have that he actually has dual citizenship?

2 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by nnachukz(m): 7:59am On Apr 25, 2023
The crime they are talking about is perjury, lying under oath in the form he submitted to INEC that he does not have dual citizenship at any time at all. But in trying to shield criminality, Tinubu supporters always twist the whole story to cover his crime.

10 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Paperwhite(m): 8:41am On Apr 25, 2023
Biodun556:
What evidence do you have that he actually has dual citizenship?
This is the criminal's drug baron INEC form E8 wherein he swore he does not have dual nationality hence committing perjury, yet here you're defending the constitutional provision for Tinubu to have dual citizenship. Are you people OK @ all?

7 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by blacksam01: 8:49am On Apr 25, 2023
Biodun556:
Obidients should try something else

mumu..no one is saying it oesnt permit..just dat one going for office of president is not permitted

1 Like

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by DMerciful(m): 8:52am On Apr 25, 2023
Does the constitution permit him to lie about it under oath? Or you don't know the bone of contention?
Biodun556:
Also, section 28 goes on to make the disqualification of a dual citizen subject to Section 28 of the Constitution. Section 28 (1) talks about individuals who acquire Nigerian citizenship (by means other than birth) and go on to acquire or retain citizenship of another country (acquired other than by birth), such individuals shall forfeit Nigerian citizenship or shall renounce Nigerian citizenship.

In simple terms, Section 28 says that individuals who are disqualified from holding dual citizenship in Nigeria, are those who have citizenship of another country, which was obtained by either naturalisation or registration and then seek to acquire a form of Nigerian citizenship (and that form is by registration or naturalisation) and vice versa.


That individual has to renounce the citizenship that he held prior to the application for Nigerian citizenship, (if he is not a citizen by birth) or lose his Nigerian citizenship when he wants to obtain citizenship in another country.

In other words, only citizens by birth can acquire citizenship of another country and they are not required to renounce their Nigerian citizenship except that other country requires such renunciation.

Therefore, Section 137 of the constitution seems redundant because citizens who acquired citizenship by naturalisation or registration (which it refers to) can never be President as the first requirement for candidates for the presidency as contained in Section 131 of the constitution is that such a person must be a citizen by birth.


The above discussed requirement for the presidency has not been tested by Nigerian courts.

However, there have been issues relating to the dual citizenship of candidates for the National Assembly. These issues came up in Anthony George Ikoli v. Ben Murray Bruce and Willie Ogbeide v. Arigbe Osula & ors.

It should be noted that the constitutional requirements discussed above for an aspirant to the presidency are almost the same as that of an aspirant to the National Assembly. The only difference is that the aspirant has to be only a Nigerian citizen; there is no mention of the type of citizen.


In the two cited cases, the same issue came up; individuals were challenging the elections of the elected candidates (amongst other grounds) on the ground that the respondents had dual citizenship. In other words, though they were Nigerian by birth, they had sworn allegiance to other countries (United States of America).

The Court of Appeal in Ogbeide’s case held that with sections 25, 26 and 27 of the constitution, 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 Representative on the ground that he holds such dual citizenship.


Unlike Section 137 which appears to be redundant for presidential aspirants, Section 66 which contains similar provisions is not. This is so because, since every citizen can aspire to be a member of the National Assembly, it therefore means that some of them can be caught in the web described in Section 28 which Section 66 like its counterpart 137 refers to.

Therefore, the only question Tinubu may likely have to answer is to explain why he allegedly told INEC in form EC-9 that he never obtained citizenship in another country.


It remains unclear whether the LP, PDP and the other parties could introduce the argument to favour their prayers at the presidential elections petition court.

Though the 21-day window for amending petitions has passed, if the presiding judges consider their argument to be sufficiently compelling, the deadline may be extended or waived.

It would be recalled that during the build-up to the presidential election, human rights activist and lawyer, Mr. Kayode Ajulo, had warned President Muhammadu Buhari and the National Chairman of APC, Senator Abdullahi Adamu, against the danger of picking a presidential candidate with dual citizenship.


Ajulo said there was a plot by the opposition to ensure that the APC was disqualified based on this just as was done in the Bayelsa Governorship race in February 2020.

According to Ajulo in a letter he wrote to Buhari, some of the aspirants either had dual citizenship or criminal records, which could be used in disqualifying the APC.

Ajulo then asked the APC to take into consideration the 1999 Constitution specifically Chapter VI, Part 1, Section 131 and which outlines the basic requirements to be met by a candidate to be eligible for an election into the office of the President in Nigeria. He said among others that these requirements include that the aspirant must be a citizen of Nigeria by birth.


Ajulo reportedly added: “Section 137 of the same constitution as amended, goes further to illuminate this matter by providing for several situations which doth render a candidate ineligible to be elected as the President, stating that a candidate will be ineligible: If he/she has voluntarily acquired the citizenship of a country other than Nigeria or has declared allegiance to such other country.”

However, the Minister of Works and Housing, Babatunde Fashola (SAN), has argued that the 1999 Constitution does not bar Nigerians with dual citizenship from becoming president of Nigeria.


Fashola, while speaking during a television programme, said: “I know he (Tinubu) carries a Nigerian passport. I don’t know about dual citizenship. I know he resided abroad when he went into exile. I don’t know if they gave him American citizenship. What does that have to do with the results of the election? The last time I checked, I think the Nigerian constitution allows you to have dual citizenship. Doesn’t it?”

He, however, added that he needed to check what the constitution actually says on the issue of dual citizenship.



https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/04/23/can-a-candidate-be-disqualified-for-dual-citizenship/amp/



3 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by hush15: 8:55am On Apr 25, 2023
Biodun556:
Also, section 28 goes on to make the disqualification of a dual citizen subject to Section 28 of the Constitution. Section 28 (1) talks about individuals who acquire Nigerian citizenship (by means other than birth) and go on to acquire or retain citizenship of another country (acquired other than by birth), such individuals shall forfeit Nigerian citizenship or shall renounce Nigerian citizenship.

In simple terms, Section 28 says that individuals who are disqualified from holding dual citizenship in Nigeria, are those who have citizenship of another country, which was obtained by either naturalisation or registration and then seek to acquire a form of Nigerian citizenship (and that form is by registration or naturalisation) and vice versa.


That individual has to renounce the citizenship that he held prior to the application for Nigerian citizenship, (if he is not a citizen by birth) or lose his Nigerian citizenship when he wants to obtain citizenship in another country.

In other words, only citizens by birth can acquire citizenship of another country and they are not required to renounce their Nigerian citizenship except that other country requires such renunciation.

Therefore, Section 137 of the constitution seems redundant because citizens who acquired citizenship by naturalisation or registration (which it refers to) can never be President as the first requirement for candidates for the presidency as contained in Section 131 of the constitution is that such a person must be a citizen by birth.


The above discussed requirement for the presidency has not been tested by Nigerian courts.

However, there have been issues relating to the dual citizenship of candidates for the National Assembly. These issues came up in Anthony George Ikoli v. Ben Murray Bruce and Willie Ogbeide v. Arigbe Osula & ors.

It should be noted that the constitutional requirements discussed above for an aspirant to the presidency are almost the same as that of an aspirant to the National Assembly. The only difference is that the aspirant has to be only a Nigerian citizen; there is no mention of the type of citizen.


In the two cited cases, the same issue came up; individuals were challenging the elections of the elected candidates (amongst other grounds) on the ground that the respondents had dual citizenship. In other words, though they were Nigerian by birth, they had sworn allegiance to other countries (United States of America).

The Court of Appeal in Ogbeide’s case held that with sections 25, 26 and 27 of the constitution, 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 Representative on the ground that he holds such dual citizenship.


Unlike Section 137 which appears to be redundant for presidential aspirants, Section 66 which contains similar provisions is not. This is so because, since every citizen can aspire to be a member of the National Assembly, it therefore means that some of them can be caught in the web described in Section 28 which Section 66 like its counterpart 137 refers to.

Therefore, the only question Tinubu may likely have to answer is to explain why he allegedly told INEC in form EC-9 that he never obtained citizenship in another country.


It remains unclear whether the LP, PDP and the other parties could introduce the argument to favour their prayers at the presidential elections petition court.

Though the 21-day window for amending petitions has passed, if the presiding judges consider their argument to be sufficiently compelling, the deadline may be extended or waived.

It would be recalled that during the build-up to the presidential election, human rights activist and lawyer, Mr. Kayode Ajulo, had warned President Muhammadu Buhari and the National Chairman of APC, Senator Abdullahi Adamu, against the danger of picking a presidential candidate with dual citizenship.


Ajulo said there was a plot by the opposition to ensure that the APC was disqualified based on this just as was done in the Bayelsa Governorship race in February 2020.

According to Ajulo in a letter he wrote to Buhari, some of the aspirants either had dual citizenship or criminal records, which could be used in disqualifying the APC.

Ajulo then asked the APC to take into consideration the 1999 Constitution specifically Chapter VI, Part 1, Section 131 and which outlines the basic requirements to be met by a candidate to be eligible for an election into the office of the President in Nigeria. He said among others that these requirements include that the aspirant must be a citizen of Nigeria by birth.


Ajulo reportedly added: “Section 137 of the same constitution as amended, goes further to illuminate this matter by providing for several situations which doth render a candidate ineligible to be elected as the President, stating that a candidate will be ineligible: If he/she has voluntarily acquired the citizenship of a country other than Nigeria or has declared allegiance to such other country.”

However, the Minister of Works and Housing, Babatunde Fashola (SAN), has argued that the 1999 Constitution does not bar Nigerians with dual citizenship from becoming president of Nigeria.


Fashola, while speaking during a television programme, said: “I know he (Tinubu) carries a Nigerian passport. I don’t know about dual citizenship. I know he resided abroad when he went into exile. I don’t know if they gave him American citizenship. What does that have to do with the results of the election? The last time I checked, I think the Nigerian constitution allows you to have dual citizenship. Doesn’t it?”

He, however, added that he needed to check what the constitution actually says on the issue of dual citizenship.



https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/04/23/can-a-candidate-be-disqualified-for-dual-citizenship/amp/





So he was born in Guinea and Nigeria at the same time? To slap person just dey hungry me sha for this country cos they way we support criminality ehn, Satan sef dey learn work.

2 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Biodun556(m): 9:21am On Apr 25, 2023
hush15:



So he was born in Guinea and Nigeria at the same time? To slap person just dey hungry me sha for this country cos they way we support criminality ehn, Satan sef dey learn work.


If you're Nigeria citizen by birth you can aquire dual citizenship

but if you're from another country and acquired Nigerian citizenship, you must renounced the citizenship of your former country before you can be Nigerian president
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by flowmama: 9:23am On Apr 25, 2023
We know the dual citizenship won't fly anywhere.

But does that constitution permit him to lie under oath? Perjury is an offence punishable by jail term.

1 Like

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Deogratias0030(m): 9:32am On Apr 25, 2023
Biodun556:
Also, section 28 goes on to make the disqualification of a dual citizen subject to Section 28 of the Constitution. Section 28 (1) talks about individuals who acquire Nigerian citizenship (by means other than birth) and go on to acquire or retain citizenship of another country (acquired other than by birth), such individuals shall forfeit Nigerian citizenship or shall renounce Nigerian citizenship.

Dual Citizenship is legal but the issue of concern here is the fact the he lied oath

In simple terms, Section 28 says that individuals who are disqualified from holding dual citizenship in Nigeria, are those who have citizenship of another country, which was obtained by either naturalisation or registration and then seek to acquire a form of Nigerian citizenship (and that form is by registration or naturalisation) and vice versa.


That individual has to renounce the citizenship that he held prior to the application for Nigerian citizenship, (if he is not a citizen by birth) or lose his Nigerian citizenship when he wants to obtain citizenship in another country.

In other words, only citizens by birth can acquire citizenship of another country and they are not required to renounce their Nigerian citizenship except that other country requires such renunciation.

Therefore, Section 137 of the constitution seems redundant because citizens who acquired citizenship by naturalisation or registration (which it refers to) can never be President as the first requirement for candidates for the presidency as contained in Section 131 of the constitution is that such a person must be a citizen by birth.


The above discussed requirement for the presidency has not been tested by Nigerian courts.

However, there have been issues relating to the dual citizenship of candidates for the National Assembly. These issues came up in Anthony George Ikoli v. Ben Murray Bruce and Willie Ogbeide v. Arigbe Osula & ors.

It should be noted that the constitutional requirements discussed above for an aspirant to the presidency are almost the same as that of an aspirant to the National Assembly. The only difference is that the aspirant has to be only a Nigerian citizen; there is no mention of the type of citizen.


In the two cited cases, the same issue came up; individuals were challenging the elections of the elected candidates (amongst other grounds) on the ground that the respondents had dual citizenship. In other words, though they were Nigerian by birth, they had sworn allegiance to other countries (United States of America).

The Court of Appeal in Ogbeide’s case held that with sections 25, 26 and 27 of the constitution, 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 Representative on the ground that he holds such dual citizenship.


Unlike Section 137 which appears to be redundant for presidential aspirants, Section 66 which contains similar provisions is not. This is so because, since every citizen can aspire to be a member of the National Assembly, it therefore means that some of them can be caught in the web described in Section 28 which Section 66 like its counterpart 137 refers to.

Therefore, the only question Tinubu may likely have to answer is to explain why he allegedly told INEC in form EC-9 that he never obtained citizenship in another country.


It remains unclear whether the LP, PDP and the other parties could introduce the argument to favour their prayers at the presidential elections petition court.

Though the 21-day window for amending petitions has passed, if the presiding judges consider their argument to be sufficiently compelling, the deadline may be extended or waived.

It would be recalled that during the build-up to the presidential election, human rights activist and lawyer, Mr. Kayode Ajulo, had warned President Muhammadu Buhari and the National Chairman of APC, Senator Abdullahi Adamu, against the danger of picking a presidential candidate with dual citizenship.


Ajulo said there was a plot by the opposition to ensure that the APC was disqualified based on this just as was done in the Bayelsa Governorship race in February 2020.

According to Ajulo in a letter he wrote to Buhari, some of the aspirants either had dual citizenship or criminal records, which could be used in disqualifying the APC.

Ajulo then asked the APC to take into consideration the 1999 Constitution specifically Chapter VI, Part 1, Section 131 and which outlines the basic requirements to be met by a candidate to be eligible for an election into the office of the President in Nigeria. He said among others that these requirements include that the aspirant must be a citizen of Nigeria by birth.


Ajulo reportedly added: “Section 137 of the same constitution as amended, goes further to illuminate this matter by providing for several situations which doth render a candidate ineligible to be elected as the President, stating that a candidate will be ineligible: If he/she has voluntarily acquired the citizenship of a country other than Nigeria or has declared allegiance to such other country.”

However, the Minister of Works and Housing, Babatunde Fashola (SAN), has argued that the 1999 Constitution does not bar Nigerians with dual citizenship from becoming president of Nigeria.


Fashola, while speaking during a television programme, said: “I know he (Tinubu) carries a Nigerian passport. I don’t know about dual citizenship. I know he resided abroad when he went into exile. I don’t know if they gave him American citizenship. What does that have to do with the results of the election? The last time I checked, I think the Nigerian constitution allows you to have dual citizenship. Doesn’t it?”

He, however, added that he needed to check what the constitution actually says on the issue of dual citizenship.



https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/04/23/can-a-candidate-be-disqualified-for-dual-citizenship/amp/



Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by hush15: 9:48am On Apr 25, 2023
Biodun556:


If you're Nigeria citizen by birth you can aquire dual citizenship

but if you're from another country and acquired Nigerian citizenship, you must renounced the citizenship of your former country before you can be Nigerian president


Laws are laws for one reason, they have one interpretation across board. Not meaning one thing in one context and meaning another in another context, else it wont be a law. They are general principles that governs whatever they being applied on. Whether by birth or by registration for positions as president, etc, the law is clear. You can't have dual citizenship.

Not only did he have it, he further lied under oath to declared it. The laws are clear on that also just as we have the electoral requirement of the 36 states and the fct and also the forfeiture case but in trying to enforce an illegality, be twisting, whining, editing and maneuvering fundamental laws.

I wish Nigerians the best of luck.

2 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by IgweOfNnewi: 9:56am On Apr 25, 2023
All these dis-obi-dient will just cry and mourn forever, it will not matter after Tinubu is sworn in, because he will use everything to protect the seat, those wailing and gnashing their teeth are just doing it in vain, they are like dogs barking at the moon

2 Likes 1 Share

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by favor914: 9:56am On Apr 25, 2023
Paperwhite:
So why did Tinubu lied on his information to INEC that he does not have dual citizenship? He has committed perjury. You people are the worst set of humanity always defending senselessness..
You Ipobians have been disturbing the peace, & chasing Bola Ahmed Tinubu since before he declared his intentions to run for the highest office last year.

Can you prove that he did not renounce the citizenship after he won the APC primaries?

It is quite obvious Asiwaju is light years ahead of Obidient incoherent political children.

Stop chasing shadows.
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by favor914: 10:03am On Apr 25, 2023
hush15:


Laws are laws for one reason, they have one interpretation across board. Not meaning one thing in one context and meaning another in another context, else it wont be a law. They are general principles that governs whatever they being applied on. Whether by birth or by registration for positions as president, etc, the law is clear. You can't have dual citizenship.

Not only did he have it, he further lied under oath to declared it. The laws are clear on that also just as we have the electoral requirement of the 36 states and the fct and also the forfeiture case but in trying to enforce an illegality, be twisting, whining, editing and maneuvering fundamental laws.


I wish Nigerians the best of luck.
Quite obvious, it seems you are still living in denial?

Battalions wish you the best of luck.
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by bencr7: 10:05am On Apr 25, 2023
But he lie under oath na,me I even want tinubu to continue is presidency,but no need for celebration, because he has seriously work to do,so that is administration,will not be like buhari fail administration.

2 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by tonytony208(m): 10:21am On Apr 25, 2023
Biodun556:





https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/04/23/can-a-candidate-be-disqualified-for-dual-citizenship/amp/




When you can't deny his guinean citizenship anymore, you start justifying it. grin

Why is your life so rotten?;

3 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by tonytony208(m): 10:22am On Apr 25, 2023
Biodun556:


What evidence do you have that he actually has dual citizenship?
If he doesn't have it, why are you defending it?

3 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by tonytony208(m): 10:24am On Apr 25, 2023
Paperwhite:
This is the criminal's drug baron INEC form E8 wherein he swore he does not have dual nationality hence committing perjury, yet here you're defending the constitutional provision for Tinubu to have dual citizenship. Are you people OK @ all?

Don't let the rotten life of biodun556 surprise you.

2 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by tonytony208(m): 10:27am On Apr 25, 2023
favor914:
You Ipobians have been disturbing the peace, & chasing Bola Ahmed Tinubu since before he declared his intentions to run for the highest office last year.

Can you prove that he did not renounce the citizenship after he won the APC primaries?

It is quite obvious Asiwaju is light years ahead of Obidient incoherent political children.

Stop chasing shadows.

Anyone not displaying dumbness like you is automatically an ipob. grin

How do you manage not to feel stupid each time you reason like this?!

At least you aren't denying his guinea citizenship anymore.

Ogbeni disfavour, Can you show evidence that he renounced it?

2 Likes

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Birdbyrde440: 10:30am On Apr 25, 2023
Biodun556:
Also, section 28 goes on to make the disqualification of a dual citizen subject to Section 28 of the Constitution. Section 28 (1) talks about individuals who acquire Nigerian citizenship (by means other than birth) and go on to acquire or retain citizenship of another country (acquired other than by birth), such individuals shall forfeit Nigerian citizenship or shall renounce Nigerian citizenship.

In simple terms, Section 28 says that individuals who are disqualified from holding dual citizenship in Nigeria, are those who have citizenship of another country, which was obtained by either naturalisation or registration and then seek to acquire a form of Nigerian citizenship (and that form is by registration or naturalisation) and vice versa.


That individual has to renounce the citizenship that he held prior to the application for Nigerian citizenship, (if he is not a citizen by birth) or lose his Nigerian citizenship when he wants to obtain citizenship in another country.

In other words, only citizens by birth can acquire citizenship of another country and they are not required to renounce their Nigerian citizenship except that other country requires such renunciation.

Therefore, Section 137 of the constitution seems redundant because citizens who acquired citizenship by naturalisation or registration (which it refers to) can never be President as the first requirement for candidates for the presidency as contained in Section 131 of the constitution is that such a person must be a citizen by birth.


The above discussed requirement for the presidency has not been tested by Nigerian courts.

However, there have been issues relating to the dual citizenship of candidates for the National Assembly. These issues came up in Anthony George Ikoli v. Ben Murray Bruce and Willie Ogbeide v. Arigbe Osula & ors.

It should be noted that the constitutional requirements discussed above for an aspirant to the presidency are almost the same as that of an aspirant to the National Assembly. The only difference is that the aspirant has to be only a Nigerian citizen; there is no mention of the type of citizen.


In the two cited cases, the same issue came up; individuals were challenging the elections of the elected candidates (amongst other grounds) on the ground that the respondents had dual citizenship. In other words, though they were Nigerian by birth, they had sworn allegiance to other countries (United States of America).

The Court of Appeal in Ogbeide’s case held that with sections 25, 26 and 27 of the constitution, 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 Representative on the ground that he holds such dual citizenship.


Unlike Section 137 which appears to be redundant for presidential aspirants, Section 66 which contains similar provisions is not. This is so because, since every citizen can aspire to be a member of the National Assembly, it therefore means that some of them can be caught in the web described in Section 28 which Section 66 like its counterpart 137 refers to.

Therefore, the only question Tinubu may likely have to answer is to explain why he allegedly told INEC in form EC-9 that he never obtained citizenship in another country.


It remains unclear whether the LP, PDP and the other parties could introduce the argument to favour their prayers at the presidential elections petition court.

Though the 21-day window for amending petitions has passed, if the presiding judges consider their argument to be sufficiently compelling, the deadline may be extended or waived.

It would be recalled that during the build-up to the presidential election, human rights activist and lawyer, Mr. Kayode Ajulo, had warned President Muhammadu Buhari and the National Chairman of APC, Senator Abdullahi Adamu, against the danger of picking a presidential candidate with dual citizenship.


Ajulo said there was a plot by the opposition to ensure that the APC was disqualified based on this just as was done in the Bayelsa Governorship race in February 2020.

According to Ajulo in a letter he wrote to Buhari, some of the aspirants either had dual citizenship or criminal records, which could be used in disqualifying the APC.

Ajulo then asked the APC to take into consideration the 1999 Constitution specifically Chapter VI, Part 1, Section 131 and which outlines the basic requirements to be met by a candidate to be eligible for an election into the office of the President in Nigeria. He said among others that these requirements include that the aspirant must be a citizen of Nigeria by birth.


Ajulo reportedly added: “Section 137 of the same constitution as amended, goes further to illuminate this matter by providing for several situations which doth render a candidate ineligible to be elected as the President, stating that a candidate will be ineligible: If he/she has voluntarily acquired the citizenship of a country other than Nigeria or has declared allegiance to such other country.”

However, the Minister of Works and Housing, Babatunde Fashola (SAN), has argued that the 1999 Constitution does not bar Nigerians with dual citizenship from becoming president of Nigeria.


Fashola, while speaking during a television programme, said: “I know he (Tinubu) carries a Nigerian passport. I don’t know about dual citizenship. I know he resided abroad when he went into exile. I don’t know if they gave him American citizenship. What does that have to do with the results of the election? The last time I checked, I think the Nigerian constitution allows you to have dual citizenship. Doesn’t it?”

He, however, added that he needed to check what the constitution actually says on the issue of dual citizenship.



https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/04/23/can-a-candidate-be-disqualified-for-dual-citizenship/amp/




You can have dual citizenship but before you declare your presidential ambition to run for president of nigeria you MUST denouce the foreign citizenship because the constitution says you cannot have dual citizenship and be president of nigeria.

There is NO arguement to the fact that Tinubu has dual citizenship and did not denounce it prior to the presidential election. This is enough reason to declare him unfit to be President of Nigeria even though the matter is not in court.

This is the simple truth, no need to quote fashola annd co..
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by tonytony208(m): 10:31am On Apr 25, 2023
IgweOfNnewi:
All these dis-obi-dient will just cry and mourn forever, it will not matter after Tinubu is sworn in, because he will use everything to protect the seat, those wailing and gnashing their teeth are just doing it in vain, they are like dogs barking at the moon

Lolz. Comment from a morally rotten entity

1 Like

Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by IgweOfNnewi: 10:45am On Apr 25, 2023
tonytony208:


Lolz. Comment from a morally rotten entity
settle your quarrel with your mother wherever you left her
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by hush15: 12:48pm On Apr 25, 2023
favor914:
Quite obvious, it seems you are still living in denial?

Battalions wish you the best of luck.

Well, the regiments extends same courtesy.
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by Wutinky: 1:18pm On Apr 25, 2023
I really like the way you knock out that head slammer who called himself IGWEOFILORINNNEWI grin grin grin grin grin grin
Re: Constitution Permits Tinubu To Have Dual Citizenship so far he's Nigerian by bir by samijet: 8:07pm On Apr 25, 2023
Losers should just give up. Election is over.

(1) (Reply)

I Saw Fulani Cattle Rustlers Sharing 7000 Naira Each / Gov Alex Otti Commissions GEOMETRIC POWER PLANT + Aba, Abia State To Enjoy 24/7 / Efcc Fair To All Say's Yar' Adua

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 107
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.