Report on Citizenship Law: Nigeria In practice, ‘indigeneity’ is determined by Nigeria’s 774 local government authorities (LGAs), which issue certificates confirming that a person is from a community ‘indigenous’ to that particular locality. This practice is not regulated by any law, and creates uncertainty over who is in fact a Nigerian citizen under the provisions of article 25(1)(a) of the 1999 Constitution (see further below, heading on current controversies and proposals for law reform). 3.2 Acquisition of citizenship by registration 3.2.1 Marriage Nigeria’s rules on acquisition through marriage continue to discriminate on the basis of the sex of the spouse. Section 26 of the constitution provides that a woman married to a Nigerian man can acquire citizenship by registration, but not a man married to a Nigerian woman.16 Although an easier process than naturalisation, acquisition of citizenship by a woman on the basis of marriage is discretionary, requiring the applicant to satisfy the president that she is of good character – as well as showing the intention to remain domiciled in Nigeria, and taking the oath of allegiance.17 The foreign husband of a Nigerian woman can only acquire citizenship through naturalisation, on the same terms as any other foreigner. 3.2.2 Born abroad and one grandparent is a citizen Section 26 of the constitution also provides for the possibility of acquisition of citizenship by registration by ‘every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria’.18 The provision thus opens up the possibility of acquisition through a grandparent to those born outside; whereas if born in the territory the grandchild of a citizen automatically acquires citizenship at birth (section 25(1)(b)). The conditions applied are the same as those for the wife of a Nigerian citizen: good character, intention to be domiciled in Nigeria, and oath of allegiance. 3.3 Naturalisation based on long residence Nigeria’s law and practice on acquisition of citizenship through naturalisation based on long residence is quite restrictive. In addition to requiring a residence period of 15 years, long by international standards, the other conditions applied are also challenging to fulfil. Section 27(2) of the constitution provides that: No person shall be qualified to apply for the grant of a certificate of naturalisation, unless he satisfies the President that (a) he is a person of full age and capacity; (b) he is a person of good character; (c) he has shown a clear intention of his desire to be domiciled in Nigeria; 16 Constitution 1999, section 26(2)(a). Ibid. Section 26(1). 18 Ibid., section 26(2)(b) 17 8 RSCAS/GLOBALCIT-CR 2020/12- © 2020 Author(s)