Bronwen Manby and Solomon Momoh British protected persons were in general subject to the customary law of the ‘tribe’ concerned, as modified by statute and interpreted by British officials and courts. Following the First World War, the Colony and Protectorate of Nigeria also administered the regions known as the Northern and Southern Cameroons, which had been the western part of the German colony of Kamerun, mandated to Britain by the League of Nations (the larger eastern part of German Kamerun was mandated to France). League of Nations Mandates were converted into UN Trust Territory status on the adoption of the Charter of the United Nations in 1945.6 2.2 Citizenship regime at independence in 1960 At independence on 1 October 1960, the transitional provisions for the acquisition of Nigerian citizenship followed the standard template for the Commonwealth countries, negotiated with Britain. Citizenship was granted by operation of law to those born in the territory before independence who were ‘British protected persons’ or ‘citizens of the UK and colonies’, provided that one parent or grandparent was also born there; and to those born outside the territory before independence if their father qualified under these rules. Those who were born in Nigeria before independence but did not have a parent or grandparent also born there could register as citizens during a transitional period (a non-discretionary grant, on application, if the facts were proved), as could some other categories with connections to Nigeria or another Commonwealth country.7 As in other newly independent African states, the transitional provisions created significant opportunity for confusion on who became a citizen at independence, especially in the context where records of place of birth were rare. Depending on the borders drawn by the colonial powers, different members of the same ethnic group could be British protected persons, citizens of the UK and colonies, or ‘aliens’ (French nationals, or nationals of a newly independent French territory), and their rights to Nigerian (or British) nationality under the transitional provisions would vary accordingly. A large number of people resident in Nigeria did not automatically become citizens by operation of law on the date of independence; for example, many members of the sizeable community of Lebanese descent, but also many people originating from neighbouring countries in West Africa. Those born after the entry into force of the new constitution obtained Nigerian nationality on a ius soli basis (based purely on birth on the territory, with standard exceptions for children of fathers who were diplomats, if the mother was not a citizen), or on the basis of their father’s citizenship if born outside the country. Women married to Nigerian men could also register as citizens, whether the marriage was before or after independence. Those who did not qualify under any of these provisions could naturalise, a discretionary process, based on long residence and fulfilment of other conditions, an option which remained available on an ongoing basis. Citizenship Acts adopted in 1960 (originally an Ordinance, adopted before independence) and 1961 (amending and supplementing the 1961 Act) 6 For a detailed history of citizenship law in Nigeria during the colonial period and the transition to independence, see Laurie Fransman, Adrian Berry, and Alison Harvey, Fransman’s British Nationality Law, 3rd ed. (Bloomsbury Professional, 2011), catalogue entry on Nigeria; Manby, Citizenship in Africa, chapters 3.1 and 7.7. 7 Constitution of Nigeria, 1960, chapter II. RSCAS/GLOBALCIT-CR 2020/12 - © 2020 Author(s) 3

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