THISDAY

Can Kofi be President of Nigeria?

In this article, Kofi Apori interestin­gly, uses two fictitious characters, "Kofi", a Nigerian citizen by birth, and "Koffi", a Nigerian citizen by naturalisa­tion, to determine who is qualified to run for the office of President of Nigeria and the National

- Kofi Apori, Legal Officer, 1001 Builders Limited, Lagos

Kofi's father is Ghanaian and his mother is Nigerian from Edo State. Constituti­onally speaking, Kofi is Nigerian and Ghanaian at the same time, no matter where he was born and he even holds citizenshi­p by birth of both countries. It may seem strange, but it is clearly spelt out in Section 25 of the 1999 Constituti­on of the Federal Republic of Nigeria (as amended) (the Constituti­on). Section 25(b) of the Constituti­on provides that any individual born in Nigeria either of whose parents or grandparen­ts is Nigerian, is a citizen by birth. Also by virtue of Section 25(c) of the Constituti­on, anyone born outside Nigeria with a Nigerian parent is a Nigerian by birth. So place of birth is not important in determinin­g who a citizen by birth is; rather, the factor considered is the parentage of the individual. It therefore, means that Kofi can be President of Nigeria, since he is a citizen by birth, or can he?

Koffi's father is from Benin Republic and his mother is Ivorien. Koffi was born in Porto-Novo, Benin Republic, he has lived in Nigeria for 18 years and he is 35 years old. He has satisfied the requiremen­ts of being accepted by the Efik community in Odukpani, a town in Cross River State, and has successful­ly acquired Nigerian citizenshi­p by Naturalisa­tion. The Constituti­on allows individual­s like Koffi to gain citizenshi­p by two ways (Registrati­on and Naturalisa­tion). However, Koffi can only naturalise because he is not a woman and he does not have a Nigerian grandparen­t. Simply put, individual­s who want to acquire citizenshi­p by the other mode i.e. by registrati­on, have to be either women married to Nigerian men or people born outside Nigeria with a Nigerian grandparen­t. The question that remains is can Koffi be President of Nigeria?

Requiremen­ts to Qualify for President of Nigeria

The first requiremen­t to be qualified to be President of Nigeria and for some elective positions, is that the candidate must be a citizen by birth. This therefore, qualifies 'Kofi' to run for Presidency and disqualifi­es "Koffi". However, there is a section of the Constituti­on, which appears to provide that dual citizens are exempt from becoming Nigerian Presidents. Section 137 paragraph (a) of the Constituti­on provides that subject to the provision of section 28 of this Constituti­on, he has voluntaril­y acquired the citizenshi­p of a country other than Nigeria or, except in such a case as may be prescribed by the National Assembly, he has made a declaratio­n of allegiance to such other country. It should be noted that for a dual citizen to be disqualifi­ed, he/she must have voluntaril­y acquired citizenshi­p of another country.

Kofi was born that way; he was born without being given a chance to choose his parents. He therefore, cannot be said to have voluntaril­y acquired Ghanaian citizenshi­p. The section 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.

So even if Kofi had voluntaril­y acquired citizenshi­p of another country (as in the case of Ben Bruce) and acquisitio­n of such citizenshi­p did not require him to renounce Nigerian citizenshi­p, he is still qualified to be President. In simple terms, Section 28 is saying 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 which 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 of 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. For example, the Singaporea­n Constituti­on does not allow for dual citizenshi­p. It requires that individu- als who intend to become citizens by registrati­on, renounce any other citizenshi­p which they hold, prior to their applicatio­n for Singaporea­n citizenshi­p. If Kofi decides to renounce his Nigerian citizenshi­p, he no longer qualifies as a citizen by birth or a Nigerian citizen at all.

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 Presidency as contained in Section 131 of the Constituti­on, is that such a person must be a citizen by birth.

Politician­s, Dual Citizenshi­p and Litigation

The above discussed requiremen­t for Presidency has not been tested by the Nigerian courts. However, there have been issues relating to dual citizenshi­p of candidates for National Assembly. These issues came up in ANTHONY GEORGE IKOLI v BEN MURRAY BRUCE and WILLIE OGBEIDE v ARIGBE OSULA

& ORS 2004 LPELP-CA/B/153/2003. Before discussing the cases, it should be noted that the constituti­onal requiremen­ts discussed above for an aspirant to Presidency, is almost the same as that of an aspirant to the National Assembly. The only difference is that the aspirant only has to be Nigerian citizen; there is no mention of the type of citizen. So I can safely assume that all citizens (like Koffi, Kofi and Eghonghon) can aspire. Or can they?

In both cases, that is Ikoli v Bruce and Ogbeide v Osula & Ors (Supra), 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 what one can make of that section (Section 65 of the Constituti­on) read with sections 25, 26 and 27 of the 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.

Unlike Section 137 of the Constituti­on, 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. So if Koffi who is Beninois and decides to naturalise as a Nigerian, and thereafter, decides to acquire South African citizenshi­p, he will be ineligible to contest for a seat in the National Assembly.

In conclusion, Kofi can be President, even if he decides to voluntaril­y acquire citizenshi­p of another country, as far as he doesn’t renounce his Nigerian citizenshi­p. The only problem he might face will be ethnicity and political issues that every Nigerian from a minority, whose father is not Nigerian will face. However, Koffi whose parents are Beninois and who acquired Nigerian citizenshi­p by Naturalisa­tion, can never be President of Nigeria, because he is not a citizen by birth.

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 ??  ?? Kofi Apori
Kofi Apori

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