MaryAnne Iwara
Understanding citizenship, citizenship revocation, indigeneity and statelessness in
Nigeria
For the purpose of understanding citizenship, citizenship revocation, indigeneity and statelessness,
within the context of Nigeria, it is important to clarify these concepts in order to put the analysis in
proper perspective.
Citizenship
In contemporary times, the concept of citizenship in Nigeria has gained heightened prominence both as
a vector for socio-economic development and as a catalyst of socio-political cohesion in a heterogenous
and polarised society. Citizenship as a conjunction of obligations, rights and privileges6 that are equally
accruable to individuals, based on their identity within a particular state or community, has been
contested, not just by political elites, but also by members of the society.
The history of legal repository of citizenship status, rights and privileges in Nigeria lies in its
Constitutions. Before independence, citizenship status in colonial Nigeria depended on distinctions
between ‘natives’ and ‘non-natives’, British protected persons, citizens of the United Kingdom and its
colonies. The attendant rights and privileges accrued to these persons was also dependent on their
membership in any of these categories. Following independence in 1960, citizenship was provided for
every person born in Nigeria before the date of independence, either of whose parents or any of whose
grandparents belongs or belonged to a community indigenous to Nigeria.7 The most recent 1999
Constitution (as amended) provides three tracks to citizenship, namely through birth to a citizen parent
(or grandparent) , marriage to a citizen, and discretionary naturalisation on the basis of 15 years
residence and other conditions, including good character.8
Citizenship revocation
The current legal basis for citizenship revocation or withdrawal in Nigeria lies in its 1999 Constitution
(as amended). Accordingly, citizenship revocation is only applicable to naturalised citizens whom the
president deems disloyal, or who have committed a crime and have been imprisoned for three years or
more.9 Though the cases of citizenship revocation in Nigeria are few and far between, it remains a
concern why a status very cumbersome to acquire will be very easy to revoke through a presidential
decree. While punishment for crimes are within the jurisdiction of a criminal court, revocation of
citizenship of naturalised citizens should not be an added punitive measure. The mechanisms for
revocation should therefore be reviewed and citizens should be treated equally, irrespective of how they
have acquired citizenship.
Indigeneity or indigene principle
In every state and LGA of Nigeria, the population is divided into ‘indigene’ and ‘non-indigene’ citizens,
or into ‘host’ and ‘settler’ communities. These persons who have lived together in the same place for
many years, differ primarily in terms of ethnicity and language. Though indigenes claim to be the
6
Purvis, T. & A. Hunt (1999), ‘Identity versus citizenship: transformations in the discourses and practices of citizenship’,
Social and Legal Studies 8(4): 457–82.
7
Manby, B. (2018), ‘Who is a Native?’, in B. Manby, Citizenship in Africa: the law of belonging, 147–258. Oxford: Hart
Publishing.
8
The 1999 Constitution of the Federal Republic of Nigeria 1999 Articles 25-27. Source: https://globalcit.eu/acquisitioncitizenship/
9
In addition, the citizenship of a naturalised citizen lapses automatically if another citizenship is acquired. The 1999
Constitution of the Federal Republic of Nigeria Articles 28-30. Source: http://globalcit.eu/loss-of-citizenship.
14
Robert Schuman Centre for Advanced Studies Working Papers