Sunday 28 June 2015

DUAL CITIZENSHIP : SENATOR BUKOLA SARAKI

There's a popular saying that, if you don't know your history, Please join the Nigeria Politics, the story of how your great grand parent met and married will be told once you contest or you are appointed into a public office in Nigeria.

This is the case of the controversial President of the Senate, Senator Bukola Saraki, despite the people calling on the All Progressives party Chieftains to sheath their swords and let peace reign in the interest of Nigeria and spirit of change, new things seems to be emerging, the most recent is the question as to whether Senator Bukola Saraki is qualified to be a senate president by virtue of his citizenship in the United Kingdom with passport NO: 306077175.

This is purely a constitutional matter and the Constitution of the Federal Republic of Nigeria will be used to trash this, not just because of the Senate President but for future references.

First, who is qualified to be a member of the National Assembly? 

A person is qualified for election as a member of if Section 65 (1a) senate if he is a citizen of Nigeria and has attained the age of thirty-five years old  (b) House of Representatives , if he is a citizen of Nigeria and has attained the age of thirty years (2) a person shall be qualified for election if he has been educated up to atleast school certificate or its equivalent 

Disqualification for election to the Senate?

No person shall be qualified for election to the Senate or House of Representatives Section 66 (a) subject to the provision of section 28 of this constitution , he has voluntarily acquired the citizenship to a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly , has made declaration of  allegiance to such a country.



Section 28 of the Constitution of FRN? 

Subject to the other provisions of this section , a person shall forfeith 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.


Dual Citizenship and Public office holders in Nigeria? 

The position of the constitution of the Federal Republic of Nigeria and judicial precedents in the country on the matter of dual citizen ship and public office holders are very clear and unambigious and consistent, holding dual citizen of Nigeria and another country will not bar such holder from contesting/holding public office provided that the person holding the dual nationality acquired their nationality by birth. 

What the above is saying is that one cannot be denied opportunities by reason of his birth which he has no right over.

PRECEDENTS IN NIGERIA

Professor Maurice Iwu V. Professor Kasumu, The Oyo State People's Democratic Party and Governor Abiola Ajimobi

Conclusively, the Nigeria Constitution by virtue of the above sections quoted allows nationality of people of Nigerian descent either through birth or parentage to hold public office.

Thank you

Oyenike Alliyu0Adebiyi LLB (hons) BL

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