Bronwen Manby and Solomon Momoh
(d) he is, in the opinion of the Governor of the State where he is or he proposes to be
resident, acceptable to the local community in which he is to live permanently, and has
been assimilated into the way of life of Nigerians in that part of the Federation;
(e) he is a person who has made or is capable of making useful contribution to the
advancement; progress and well-being of Nigeria;
(f) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this
Constitution; and
(g) he has, immediately preceding the date of his application, either(i) resided in Nigeria for a continuous period of fifteen years; or
(ii) resided in Nigeria continuously for a period of twelve months, and during the
period of twenty years immediately preceding that period of twelve months has
resided in Nigeria for periods amounting in the aggregate to not less than fifteen
years.
An application for naturalisation is made to the Ministry of the Interior, and the dossier is then
reviewed by a range of different state agencies, including the State Security Service, the
Immigration Service, the police, the governor of the state and chair of the local government
area where the person is resident, and other agencies. Ultimately, the dossier is passed to the
Federal Executive Council19 for review and recommendation and the final decision is made by
the president. Naturalisation is not automatic for minor children of those whose applications
are successful, and a separate application must be made at majority.20
3.4 Dual citizenship
The one significant change made to the constitutional chapter on citizenship in 1999 was that
section 28 removed the prohibition on dual citizenship for those who hold Nigerian and another
citizenship from birth; however, a naturalised citizen cannot hold any other naturalised
citizenship.21 Forfeiture of citizenship by a naturalised citizen who acquires or retains another
naturalised citizenship is automatic, and acquisition of Nigerian citizenship by a person who is
19
The Federal Executive Council, also known as cabinet members, is a branch of the Executive arm of
Government, comprising the President, the Vice-President, Secretary of the Government of the Federation, the
Head of Service, and the Ministers. The Council members advices the Presidency and makes decision at
executive level. See the Nigeria government website Accessed 14/05/2020 via https://nigeria.gov.ng/membersof-the-federal-executive-council/
20
Confirmed by Nigerian National Immigration Service, Abuja, July 2014; see Bronwen Manby, ‘Migration,
Nationality and Statelessness in West Africa’ (UNHCR and IOM, 2015), pp.39-40.
21
Section 26(1) of the 1979 Constitution provided that ‘subject to the other provisions of this section, a person
shall forfeit forthwith his Nigerian citizenship if he acquires or retains the citizenship or nationality of a country
other than Nigeria.’ Section 28 of the 1999 Constitution provides that ‘(1) subject to the other provisions of this
section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he
acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by
birth. (2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of naturalisation to a
person who is a citizen of a country other than Nigeria at the time of such registration or grant shall, if he is not
a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or
nationality of that other country within a period of not more than five months from the date of such registration
or grant.’
See also Solomon Oseghale Momoh, Statelessness and Right to Nationality: Avoiding the Uncertainties Under
the Nigerian Constitution. p. 9.
RSCAS/GLOBALCIT-CR 2020/12 - © 2020 Author(s)
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