reduced). These provisions are particularly problematic when a husband is stateless or at risk of
statelessness.59
The automatic acquisition of nationality by a woman derives from the provisions current in nationality
laws at the date of independence and is no longer in line with international norms. Burkina Faso (since
1989) and Côte d’Ivoire since 2013) have equalised the rights of men and women, but still provide for
automatic acquisition of nationality on marriage, which is also out of line with the right of the
individual to make such decisions on a voluntary basis.60 Togo, in an unusual provision that conflicts
with long-standing provisions of international law, also states that a foreign woman who had acquired
Togolese nationality by marriage loses it on divorce.61
Liberia is highly unusual in providing no rights at all for either spouse based on marriage.
Table 3: Right to pass nationality to a spouse
Country
Nationality
Res.
Marriage
by marriage period (if
period (if
any)*
any)
Benin
w (aut.)
Burkina Faso
= (aut.)
Cape Verde
=
Côte d’Ivoire
= (aut.)
Gambia
=
7 yrs
Ghana
=
Guinea
G. Bissau
Liberia
Mali
Niger
Nigeria
Senegal
Sierra Leone
Togo
w (aut.)
=
=
=
w
=
w
w (aut.)
1 yr
Govt
can
oppose
x
x
x
3 yrs
x
3 yrs
5 yrs
x
Relevant legal
provision(s)
L1965Arts18-23
L1989Art151-154
L1993Art7
L1961(2013)Arts12-16
C1996(2001)Art11
C1992Art7(1)
L2000Art10(2)
L1988Art49
L1992(2010)Art8
L1973Art21.30
L2011Arts233-236
L1984(2014)Art14
C1999Art26
L1961(2013)Art7
L1973(2006)Art7
L1978Art5,23
* If residence period noted then residence is after marriage
= Equal rights for men and women to pass citizenship
aut. Spouse acquires citizenship automatically, without further procedures (unless chooses to refuse)
w Only women can acquire by marriage
- No additional rights in case of marriage
2.6.5. Acquisition of nationality by naturalisation
All ECOWAS States provide in their law for the acquisition of nationality as an adult on application,
based on long residence in the country, a process known as naturalisation. The most common length
of residence required is 5 years, though Benin requires only three years’ residence, while Nigeria and
Sierra Leone require 15 years. Other criteria usually apply, relating to good conduct and a clean
criminal record, and integration into the national community (see Table 4). Importantly, naturalisation
is a discretionary process, not one that an individual fulfilling the criteria can claim as a matter of right
59
For example, a person who is a naturalised citizen of another state may lose that nationality if he resides
outside the country for a number of years, under a provision common to many nationality laws.
60
Burkina Faso Code des personnes et de la famille 1989, Arts 151-154 ; Côte d’Ivoire Loi No 2013-654 du 13
Septembre 2013.
61
Togo Code de la nationalité 1978 art 23(3).
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