Bronwen Manby and Solomon Momoh 6. Conclusion Some reforms to citizenship law in Nigeria would require constitutional amendments, a challenging undertaking, as the long-standing efforts to reform the 1999 constitution have shown. This would apply in particular to the removal of gender discrimination in transmission of citizenship between spouses, which is explicitly provided for in the constitution, but may also be required to resolve the status of the Bakassi peninsula residents who have relocated to Nigeria. However, other reforms could be carried out through primary or secondary legislation: since the repeal of the Citizenship Act in 1974, Nigeria has not had specific citizenship legislation to give clarity to the grey areas in Chapter III of the 1999 Constitution and establish procedures for its implementation. Changes to the law and procedures could be effected by adopting a new Citizenship Act, or by using the powers given to the president by Section 32 of the 1999 Constitution to issue regulations in relation to citizenship, or the authority given to the Minister of the Interior to adopt directives for determination of nationality under section 28 of the Immigration Act. The necessary reforms to bring national law into line with international standards would include: a presumption of Nigerian citizenship for children of unknown parents found in Nigeria; provision for acquisition of Nigerian citizenship for children born in Nigeria of stateless parents or who cannot obtain the nationality of their parents, as well as for acquisition of Nigerian citizenship by adopted children; removal of gender discrimination in transmission of citizenship between spouses; relaxation of the criteria for naturalisation and provision for the minor children of those who are naturalising to be included within the same application; and provision for facilitated naturalisation for certain categories of person at risk of statelessness. There is also need for confirmation of the status of those who acquired citizenship in accordance with the transitional provisions in place in 1960 and under the laws in force between 1960 and 1979, and their descendants, if they are not considered to belong to a ‘community indigenous to Nigeria’. The unconstitutional suspension of recognition of the citizenship the children of naturalised citizens, coupled with the question of belonging to a ‘community indigenous to Nigeria’, raises complex questions of legal status and belonging. What is the status of persons who acquire Nigeria citizenship other than by membership of an ‘indigenous community’? Where do their offspring belong, against the backdrop of an actual or potential lack of recognition as acquiring Nigerian citizenship at birth? Over how many generations of ancestors born in Nigeria can a person still be regarded as not ‘indigenous’? These questions are relevant and necessary for policy makers, not only because of the internal discrimination in access to services and political rights by those who are ‘non-indigenes’ where they live, but also because they impact access to Nigerian citizenship itself – even if a person has no known ancestors born anywhere other than Nigeria.87 These questions are likely to become more urgent as the requirement to hold a national identity card becomes more widely implemented. Thus, in relation to identity documents and proof of citizenship, there is a need for legislation to establish with greater legal force and clarity the following: the documentary and other evidence of identity and citizenship to be produced to obtain a passport or national identity card; the criteria to obtain a certificate of indigeneity, including for children of unknown parents or others where a connection to a particular LGA is hard to establish; and the presumption that a national identity card or passport 87 Solomon Oseghale Momoh, Statelessness and Right to Nationality: Avoiding the Uncertainties Under the Nigerian Constitution. p.10 RSCAS/GLOBALCIT-CR 2020/12 - © 2020 Author(s) 23