Report on Citizenship Law: Nigeria
already naturalised elsewhere requires effective renunciation of the other naturalised
citizenship.
3.5 Renunciation of citizenship
Section 29 of the constitution permits an adult to renounce Nigerian citizenship on application
to the president. The provision was added in 1999, when loss of citizenship on acquisition of
another was no longer automatic. However, the president may withhold consent if Nigeria is at
war or if the renunciation is contrary to public policy. The section does not provide protection
against statelessness by conditioning renunciation on the possession or acquisition of another
nationality.
3.6 Deprivation of citizenship
Section 30 of the constitution permits the president to deprive a naturalised citizen (but not a
citizen by birth or registration) of his or her citizenship on various grounds, including
conviction of a crime and sentencing to a prison term, or if ‘the person has shown himself by
act or speech to be disloyal towards the Federal Republic of Nigeria’, or has associated with
the enemy in various ways if Nigeria is at war.
4. Institutional Arrangements for Determination of Citizenship
The most important government department responsible for determining citizenship is the
Ministry of the Interior, especially the Nigeria Immigration Service, which falls under its
authority, and its Citizenship and Business Department. The National Identity Management
Commission and the Independent National Electoral Commission also play an important role
in documenting persons as citizens for day-to-day purposes; while the National Population
Commission is responsible for birth registration. However, an extra-legal system of
identification through local governments is in most cases the foundational document to provide
evidence of membership of a ‘community indigenous to Nigeria’ and therefore entitlement to
citizenship.
4.1 The Nigeria Immigration Service
The Nigeria Immigration Service is given the power to issue passports by the Immigration Act
No.8 of 2015.22 The Act states in section 9 that passports ‘shall be issued only to bona fide
Nigerians’, and section 12 makes it an offence for a non-citizen to hold a Nigerian passport.
Section 116, on interpretation of the Act, states that ‘citizen of Nigeria has the meaning
assigned thereto by [the constitution], unless the context otherwise permits’.23
22
Immigration Act, No.8 of 2015, Part II.
The specific reference is to Sections 23 to 25 of the Amended Constitution of the Federal Republic of Nigeria,
2011, signed into Law by the President of the Federal Republic of Nigeria on the 10th day of January, 2011;
renumbered but unaltered from sections 25 to 27 of the constitution as adopted in 1999. For a consolidated
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RSCAS/GLOBALCIT-CR 2020/12- © 2020 Author(s)