As a result of the aforementioned Constitutional provisions, a significant number of aspirants have experienced missed opportunities and this has necessitated judicial attention throughout time. The Court of Appeal’s decision in the case of Dr. Willie Ogbeide v. Mr. Arigbe Osula (2004) 12 NWLR Part 886, page 137 paras E-G, where the question of whether a person with dual citizenship would be eligible to run in the National Assembly Elections arose, is one notable decision on the subject. In answering the same, Onnoghen JCA (as he then was) opined that:
“… it is clear and I hereby hold that the acquisition of Dual citizenship by a Nigerian per se is not a ground for disqualification for election to the National Assembly particularly where the Nigerian citizen is a citizen by birth. That is the clear meaning of the provisions in sections 66(1) and 28 of the 1999 constitution when taken together. The only Nigerian citizen disqualified by the said sections is one who is a citizen of Nigeria by either registration or naturalization who subsequently acquires the citizenship of another country in addition to his Nigerian citizenship…”
CONCLUSION
According to the provisions of the law and the above interpretation posited by the Court, the restrictions imposed on dual citizens from contesting in any of the aforementioned electoral positions, only applies to Nigerian citizens who acquired their citizenship through registration or naturalization, and subsequently acquire the citizenship of another country, or swears allegiance to that country in addition to his Nigerian citizenship. Hence, a Nigerian citizen by birth, who also has dual citizenship in another country is still eligible to run for any of the positions listed above.
As a result, it is well established in the Nigerian law that possessing dual citizenship does not disqualify a candidate from running for or holding political office, as it is contingent on how he/she acquired their Nigerian citizenship.
SCENARIO
Mr. Evans, a Ghanaian, and his family moved to Cross River state, Nigeria, in the year 2000, with the sole purpose of creating and expanding his textile business, which has grown throughout the years. They became registered citizens in 2015 after living for the requisite period of 15 years. As a result, he announced his desire to run for Member of the Cross River State House of Assembly in 2021. However, his political party objected, claiming that he is ineligible to run since he holds dual citizenship, in contrast to his opponent, Mr. Matthew, who is a Nigerian citizen by birth but also holds Egyptian citizenship. Mr. Evans is confused and seeks clarification on the following:
- Whether he is qualified to run for the office or not?
He is, in fact, entitled to run for a seat in the Cross River State House of Assembly.
According to the law, a person is only prohibited from running for such a position if he or she obtains Nigerian citizenship through registration or naturalization and afterwards obtains the citizenship of another nation or swears allegiance to that country in addition to his Nigerian citizenship.
In this case, however, Mr. Evans is a registered citizen of both Ghana and Nigeria, and will only be disqualified if he acquires citizenship in another country after becoming a Nigerian citizen.
The Key word here is subsequent as the disqualification will be applicable where the person who becomes a Nigerian by way of registration or Naturalization, subsequently acquires citizenship in another Country.
- What is the legal situation on Mr. Matthew’s eligibility to run for office?
Mr. Matthew is eligible to run for the position since he is a Nigerian citizen by birth and does not face the same constraints as someone who obtains citizenship through registration or naturalization, and subsequently acquires citizenship in another country. As a result, he is eligible to vie for the seat despite his dual citizenship with Egypt.