Gambia and Ghana provide that the courts must hear an application from the government for a citizen
(by naturalisation only) to be denationalised rather than simply reviewing a decision made by the
executive.78 In Liberia, also, the attorney-general must apply to court to make the case for nationality
to be taken away; although loss of birth nationality on acquisition of another, or performance of
various acts implying acquisition of another (such as voting) applies automatically, with no further
procedures, not even an administrative act.79 In Nigeria the president may deprive a naturalised
citizen of nationality if “he is satisfied” of certain conditions, including disloyalty80; in Sierra Leone the
law provides simply that “the minister may, by order, deprive” a naturalised citizen of citizenship on
certain conditions.81 In the civil law countries, these decisions are made by the executive, but the
administrative tribunals are charged with oversight of executive decision-making in the area of
nationality as in other decisions.
All West African States provide that a person may renounce his or her nationality, though in some
cases this is subject to permission if military service or other obligations apply. Most provide that
nationality may not be renounced unless the person has confirmation of another nationality; but not
in all cases. In Liberia, for example, the nationality law provides for a person to be able to renounce
nationality without any requirement to hold the nationality of another country.82
2.6.8. Non-existent systems for the protection of stateless persons
Many West African states have recently ratified the UN Convention Relating to the Status of Stateless
Persons (see annex 8.3); however, no West African country has any procedures in place to identify
and provide a status for stateless persons (not even Guinea and Liberia, which ratified the treaty in
the 1960s). While such a status should be a last resort for those without documentation – the first
option should be to recognise the individual’s right to the nationality of a particular country, ideally
the country where he or she has the closest links – it is important to have in place a process to
regularise the legal status of those who fall into the gaps between different systems of law and
facilitate their acquisition of a nationality through naturalisation.
78
Gambia Constitution, article 13; Ghana Constitution 1992, article 8. This is by contrast with the situation in the
common law countries of Southern Africa of which many give much more discretion to the executive. See
Bronwen Manby, Statelessness in Southern Africa, Briefing paper for UNHCR Regional Conference on
Statelessness in Southern Africa Mbombela (Nelspruit), South Africa 1-3 November 2011, UN High Commissioner
for Refugees, 2012.
79
Liberia Aliens and Nationality Law 1973 Art 22.1 and 22.2.
80
Nigeria Constitution 1999, article 30.
81
Sierra Leone Citizenship Act, 1973, Section 17.
82
Liberia Aliens and Nationality Law 1973 Art 22.1.
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