Citizenship by Law – SS1 Citizenship & Heritage Studies Lesson Note (Second Term)

Citizenship by law means the ways the 1999 Constitution of the Federal Republic of Nigeria says a person becomes, remains or stops being a Nigerian citizen. Chapter III sets out citizenship by birth, registration and naturalisation, the rules on dual citizenship, and how citizenship can be renounced or taken away.

Behavioural objectives

By the end of the lesson, students should be able to:

• State where citizenship is covered in the 1999 Constitution.
• Explain citizenship by birth, registration and naturalisation under Sections 25, 26 and 27.
• Say what the Constitution allows on dual citizenship.
• Describe renunciation and deprivation of citizenship.
• Give reasons why Nigeria has legal rules on citizenship.

What does the Constitution say about citizenship?

We have talked about the “feeling” of being a citizen and our heritage. Today, we are putting on our legal hats. We want to look at the 1999 Constitution of the Federal Republic of Nigeria.

Think of the Constitution as the “Grand Commander” of all laws. It is the book that tells us who is officially a Nigerian and who is not. If it isn’t in this book, it isn’t the law!

Where do we find these laws?

In the 1999 Constitution, you don’t have to search the whole book. Everything about citizenship is kept in Chapter III (Sections 25 to 32).

The law is very strict so that people don’t just claim to be Nigerians when they are not. It protects the “membership” of our country.

What are the three legal ways to become a citizen?

The Constitution recognises three main ways to be a legal citizen. We’ve mentioned these before, but here is how the Law (the Constitution) sees them:

• Section 25 (Citizenship by Birth): The law says you are a citizen if you were born in Nigeria before October 1, 1960, and your parents or grandparents belong to a community indigenous to Nigeria. It also says if you were born after 1960 and any of your parents or grandparents is a Nigerian, you are a citizen.
• Section 26 (Citizenship by Registration): The President can grant this to a woman married to a Nigerian man, or to a person of full age born abroad whose grandparents are Nigerians.
• Section 27 (Citizenship by Naturalisation): This is for foreigners who have lived here for at least 15 years and have shown they are “good people”.

What does the law say about dual citizenship?

Can you be a Nigerian and an American at the same time? This is a popular question!

• By birth: If you are a Nigerian by birth, the Constitution (Section 28) allows you to hold another country’s passport. You don’t lose your Nigerian-ness just because you became a citizen of another country.
• By registration or naturalisation: Here, the law is different. If you became a Nigerian through these two ways, you generally cannot hold another citizenship. The law expects you to “choose” Nigeria fully.

How can a person lose Nigerian citizenship?

Just as the law gives citizenship, the law can also take it away or allow you to give it up.

Renunciation (Section 29)

If a Nigerian of full age (18+) decides they no longer want to be Nigerian (maybe to join a country that doesn’t allow dual citizenship), they can declare it. The President must register this declaration, and then they are no longer a citizen.

Deprivation (Section 30)

The President has the power to take away the citizenship of someone who naturalised or registered if:

1. They are disloyal to Nigeria (shown through speech or action).
2. They helped an enemy country during a war with Nigeria.
3. They are sentenced to prison for more than 3 years within a few years of becoming a citizen.

Note: The government cannot take away the citizenship of someone who is a Nigerian by birth. You are a citizen for life unless you choose to leave.

Why do we have these legal frameworks?

Without these laws in the Constitution:

1. Identity crisis: We wouldn’t know who has the right to vote or hold a Nigerian passport.
2. Security: It helps the government keep track of who is in the country and ensure that only loyal people have certain rights.
3. Protection: It gives you a legal “home”. If you are in trouble abroad, the Nigerian government is legally bound to help you because the Constitution says you belong to us.

Evaluation

Class activity

1. Case study: Mr Chen has lived in Kano for 20 years, speaks Hausa fluently, and has never committed a crime. Which section of the Constitution (25, 26 or 27) should he look at to become a citizen?
2. True or false: A Nigerian by birth can be deprived of his citizenship if he commits a crime. (Discuss your answer based on Section 30.)

Group discussion

Why do you think the law allows people “by birth” to have dual citizenship but makes it harder for those who “naturalise”?

Assignment

Explain the difference between renunciation and deprivation of citizenship. State who can be deprived of citizenship and who cannot.