Section 25-32 of the Nigerian Constitution 1999

Section 25 through 32 of the Nigerian Constitution

Section 25 to 32 of the Nigerian Constitution is under Chapter III of the constitution, called Citizenship. These sections include provisions on becoming a citizen of Nigeria by birth, registration, naturalisation, dual citizenship etc.

Section 25 of the Nigerian Constitution

Citizenship by birth

(1) The following persons are citizens of Nigeria by birth-namely-
(a) every person born in Nigeria before the date
of independence, either of whose parents or any
of whose grandparents belongs or belonged to a
community indigenous to Nigeria;
Provided that a person shall not become a citizen
of Nigeria by virtue of this section if neither of
his parents nor any of his grandparents was born
in Nigeria.
(b) every person born in Nigeria after the date of
independence either of whose parents or any of
whose grandparents is a citizen of Nigeria; and
(c) every person born outside Nigeria either of
whose parents is a citizen of Nigeria.
(2) In this section, “the date of independence” means the 1st day of October 1960.

Section 26 of the Nigerian Constitution

Citizenship by registration

(1) Subject to the provisions of section 28 of this Constitution, a person to whom the provisions of
this section apply may be registered as a citizen of Nigeria, if the President is satisfied that –
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to
be domiciled in Nigeria; and
(c) he has taken the Oath of Allegiance
prescribed in the Seventh Schedule to this
Constitution.
(2) the provisions of this section shall apply to-
(a) any woman who is or has been married to a
citizen of Nigeria; or
(b) every person of full age and capacity born
outside Nigeria any of whose grandparents is a
citizen of Nigeria.

SEE ALSO  Section 11 of the Nigerian Constitution 1999

Section 27 of the Nigerian Constitution

Citizenship by naturalisation

(1) Subject to the provisions of section 28 of this Constitution, any person who is qualified in
accordance with the provisions of this section may apply to the President for the same of a certificate of
naturalisation.
(2) No person shall be qualified to apply for the grant of a certificate or
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;
(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.

Section 28 of the Nigerian Constitution

Dual citizenship

(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  Section 297-304 of the Nigerian Constitution 1999

Section 29 of the Nigerian Constitution

Renunciation of citizenship

(1) Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a
declaration in the prescribed manner for the renunciation.
(2) The President shall cause the declaration made under subsection (1) of this section
to be registered and upon such registration, the person who made the declaration shall
cease to be a citizen of Nigeria.
(3) The President may withhold the registration of any declaration made under
subsection (1) of this section if-
(a) the declaration is made during any war in
which Nigeria is physically involved; or
(b) in his opinion, it is otherwise contrary to
public policy.
(4) For the purposes of subsection (1) of this section.
(a) “full age” means the age of eighteen years and
above;
(b) any woman who is married shall be deemed
to be of full age.

Section 30 of the Nigerian Constitution

Deprivation of citizenship

(1) The President may deprive a person, other than a person who is a citizen of Nigeria by birth or
by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years
after becoming naturalised, been sentenced to imprisonment for a term of not less than three years.
(2) The President shall deprive a person, other than a person who is citizen of Nigeria
by birth, of his citizenship, if he is satisfied from the records of proceedings of a court
of law or other tribunal or after due inquiry in accordance with regulations made by
him, that –
(a) the person has shown himself by act or speech
to be disloyal towards the Federal Republic of
Nigeria; or
(b) the person has, during any war in which
Nigeria was engaged, unlawfully traded with the
enemy or been engaged in or associated with any
business that was in the opinion of the president
carried on in such a manner as to assist the enemy
of Nigeria in that war, or unlawfully
communicated with such enemy to the detriment
of or with intent to cause damage to the interest
of Nigeria.

SEE ALSO  Section 44 of the Nigerian Constitution 1999

Section 31 of the Nigerian Constitution

Persons deemed to be Nigerian citizens

For the purposes of this Chapter, a parent or grandparent of a person shall be deemed to be a citizen
of Nigeria if at the time of the birth of that person such parent or grandparent would have possessed
that status by birth if he had been alive on the date of independence; and in this section, “the date of
independence” has the meaning assigned to it in section 25 (2) of this Constitution.

Section 32 of the Nigerian Constitution

Power to make regulations

(1) The president may make regulations, not inconsistent with this Chapter, prescribing all matters
which are required or permitted to be prescribed or which are necessary or convenient to be prescribed
for carrying out or giving effect to the provisions of this Chapter, and for granting special immigrant
status with full residential rights to non-Nigerian spouses of citizens of Nigeria who do not wish to
acquire Nigerian citizenship.
(2) Any regulations made by the president pursuant to the provisions of this section
shall be laid before the National Assembly

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

Published by

Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

Leave a Reply

Your email address will not be published.