For those born in Nigeria before the date of independence, either of their parent or grandparents must belong/belonged to an indigenous Nigerian community. You are granted citizenship of another country which does not allow dual nationality, therefore, you must renounce your Nigerian citizenship.You will cease to be a Nigerian citizen once the declaration is registered.Note If you are under 17 years when your parents renounce their Nigerian citizenship, you will also lose your citizenship unless the other parent remains a Nigerian citizen. This rule of acquiring citizenship is common in the Americas as compared to the other parts of the world. It therefore follows that Nigerian citizenship does not necessarily follow the place or location of birth but rather it follows the parenthood. Section 25 (1) The following persons are citizens of Nigeria by birth-namely- (a) Every person born in Nigeria after the date of independence (October 1, 1960), 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 outside Nigeria either of who… However, this section makes it clear that it is totally impossible for an individual to claim Nigerian citizenship by birth if neither of his parents and grandparents was born in Nigeria. Requirements for Nigeria citizenship by birth. Nonetheless, if such a child also qualifies for the citizenship of the country or countries of his or her parents' citizenship, then f he or she must elect, upon attaining 21 year ages o,f whether to retain his or her Nigerian citizenship or the citizenship or such other country or countries. General Information on Applying for a Consular Report of Birth Abroad The Consular Report of Birth Abroad (CRBA) of a Citizen of the United States of America documents the birth of a United States citizen in a foreign country. a Nigerian citizen by birth. In Nigeria, a person can acquire citizenship in three different modes which include: CITIZENSHIP BY BIRTH,BY REGISTRATION AND BY NATURALIZATION. You may be eligible to apply to ‘register’ as a British citizen if you were born in the UK. Click here for more information on the status of Citizen of the United Kingdom & Colonies (CUKC), a status achieved by birth in the Colony. 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. By virtue of Section 25, 26 and 27 of the 1999 Constitution of the Federal Republic of Nigeria, 2011 as amended, a person can become a citizen of Nigeria by one of these three ways: by birth, registration and naturalisation. Also, The president or top leadership of Nigeria can grant you Citizenship out of their own hospitality and it doesnt always have to include your knowledge of the language and cultures. (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 … Citizenship by Birth Any person born in the United Republic on or after Union day is deemed to be a citizen of the United Republic if at the time of his birth one of his parents is or was a citizen of United Republic of Tanzania. They are Citizenship by Birth, Citizenship by Descent, Citizenship by Registration and Citizenship by Naturalization. b. Section 25(a)–(c) of the 1999 Constitution (as amended) gives the instances by which someone will be deemed to be a Nigerian citizen by birth. There is no implementing legislation, since the 1960 and 1961 Nigerian Citizenship Acts were repealed in 1974 when the original jus soli framework was amended; in 1979 a new constitution established the current framework. (UKC-Commonwealth Nation) Those born before or on the date of independence, October 1, 1960, whose parents or grandparents were born in Nigeria and who were legally residing in Nigeria at the time, are considered citizens of Nigeria. Birth (Jus soli): In some countries, when a child is born within the territory of the country, the child is automatically confirmed with citizenship of such a country. Then who is a Nigeria citizen by birth? Voluntary renunciation of Nigerian citizenship is permitted by the law. It therefore follows that Nigerian citizenship does not necessarily follow the place or location of birth but rather it follows the parenthood. https://nigerian-constitution.com/chapter-3-section-25-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 … “The parents of the 1st Petitioner (Atiku) are both Fulani, a community/tribe indigenous to Nigeria … Recently, famous blogger, Linda Ikeji joined the league of Nigerian celebrities whose children enjoy automatic American citizenship, courtesy of being delivered in the United States. citizenship by birth describes the acquisition of citizenship based on place of birth, known as Jus soli, regardless of the citizenship of parents. Although being born in Nigeria does not automatically confer Nigerian citizenship. This is contained in Section 25(1)(c). According to the Nigerian Constitution, Chapter 3, section 25 [1], citizenship by birth is as follows. There are four types of Citizenship in Nigeria. citizenship by descent only describes the acquisition of citizenship based on the principle of Jus sanguinis , or by descent, where at least one parent is a citizen of the state and being born within the territorial limits of the state is not required. According to the Nigeria constitution, any person born in the country after the country’s independence (1st October 1960), whose parent or grandparent is an indigene of Nigeria is a citizen. A person also is a citizen of a country if any of his parents are from the country. Citizenship by birth (jus sanguinis). It depends on when you were born and your parents’ circumstances. section 26 of the Nigerian constitution states that a person can be registered as a citizen of the country, as long as the President is satisfied that; Anybody who meets the criteria stated in Section 28 of the Nigerian constitution can apply to the President for the certificate of naturalisation. 5) Section 26 deals generally with citizenship by registration, while section 27 deals with citizenship by naturalization in general. In this article, we’ll be looking at Nigeria as a country. the nigerian passport gets stamped . Applying for a CBRA in Nigeria. For foreign citizens who want to live permanently in the United States. He further revealed that his mother, Aisha Kande was also a Nigerian who hailed from Dutse in present day Jigawa State. A person that is a citizen of Nigeria by birth can afford to have another citizenship from another country (even countries) and that does not affect his/her citizenship or his/her right to vote or be voted for in any election in Nigeria. cos the nigerian doesn't ve a visa. Birth Certificate (certificate issued by the National Population Commission shall be required from applicants whose date of birth is with effect from Dec 1992) or Age Declaration attached with one passport-sized photograph and duly endorsed by a Commissioner for Oaths Acknowledgement slip and evidence of payment Minor (under 18 years of age) 1) There is nothing in the CFRN that precludes Nigerian citizens by birth (as against those by registration and naturalization) from holding dual citizenship ("dual citizenship" meaning Nigerian citizenship and that of any other country) while seeking elective office(s). An Indian man that got married to a Chinese woman in Lagos, who both do not enjoy any form of Nigerian citizenship will not be able to pass same to their children, even if such child is born in Nigeria. © 2021 - Naijaonlineguide. By Gordi Udeajah - Umuahia. (2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of 2. RELATED POSTS Africa as the Centrepiece of Nigeria's Foreign policy Alerts and Messages for U.S. visitors to Nigeria. a Nigerian citizen by birth. You can permanently stay in Nigeria,vote and take up government positions.You can even contest to become the president of Nigeria. Married. Individuals born outside of Nigeria whose parents or grandparents were or are citizens of Nigeria are eligible to apply for citizenship of Nigeria by birth. In addition, pursuant to the provisions of Section 131 and 176 of the said 1999 Constitution, nobody shall be entitled to hold the position of the office of President and Governor of a State in Nigeria except such person is a Nigeria citizen by birth. Ghana amended its nationality law in 2000, to the 2000 Ghana Citizen Act Dual Citizenship Scheme, which came into effect from Friday, 1 November 2002, in accordance with the provisions of the Citizenship Act 2002. Section 25(1)(c) confers citizenship by birth on any children born outside Nigeria if at least one of the parents is a citizen of Nigeria, either by birth or registration or naturalization. However, the child cannot hold dual citizenship, that is, he cannot claim to be a Nigerian because his parents are Nigerians and hold the citizenship of another country if he is born outside Nigeria. It is accepted by all U.S. Government agencies as proof of a child’s U.S. citizenship … Conclusively, Nigeria citizenship law is a slight departure from United States and Canada laws where any child born in that country automatically becomes a citizen by birth. This generally means that a person is a citizen of the country he is born into. The status of a person who is recognized under the law or custom of a nation or sovereign state as being a legal member is known as citizenship. In a constitutional democracy, the different ways, by which citizenship can be acquired, are clearly stipulated in the constitution. A country is entitled to make their own regulations, policies or criteria that will determine who should (or should not) be granted citizenship. Atiku said he is a Nigerian by birth and was born on 25th November, 1946 in Jada, Adamawa State by Nigerian parents and he is, therefore, a citizen of Nigeria by Birth. Shina Rambo Stories, History, Pictures, is he dead, Top Nigerian companies in South Africa You Need to know, What is N-power Nigeria? Another circumstances a person can acquire citizenship by birth is Where a person is born outside Nigeria but either of whose parents is a citizen of Nigeria. persons born on or before October 1, 1960, may become Nigerian citizens by birth or by descent. U.S. Citizen Services. Countries such as Canada, Brazil, and Argentina confer automatic citizens on babies born … This is for those who were born in Nigeria. 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. If a child was born in another country, we can only collect the application and supporting documents … In some countries, citizenship is a synonym of nationality. Section 25(1) of the Constitution recognises three classes of persons who can be citizens of Nigeria by birth. The provisions of section 26 of the Nigerian Constitution allows for people, not Nigerians by birth to apply for Nigerian citizenship provided they can satisfy the following conditions. Section 28 states that; Yes, the Nigerian constitution allows dual citizenship. Please note we can only approve or deny CRBA applications for children born in Nigeria. To proceed with this, contact the Embassy. What is meant by indigenous community is that such person’s parent/grandparent belonged to a native tribe like Hausa, Yoru… (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 Ni… c. Every person born outside Nigeria either of whose parents is a citizen of Nigeria. A person who wants to acquire the citizenship of Nigeria by registration or naturalization will have to renounce his/her other citizenships within 12 months. Emergency Assistance. U.S. Citizens with emergencies, please call 09461 4000, prompt 0. It is quite possible for an individual who is a citizen of Nigeria by birth (descent through at least one parent) to acquire the citizenship of another country. Travel & Tourism in the U.S. Visit the U.S.! ( Citizenship Yoruba ancestry and her Mexican-American beau who was born in Nigeria, / would qualify as a citizen of Nigeria by birth under this provision.19 It is to be noted that the law does not require that the parent or grandparent whose • The section 25 of the Constitution state as follows: 25. A person who wants to acquire the citizenship of Nigeria by registration or … The Nigerian Constitution explicitly makes provisions for individuals that want to obtain Nigerian citizenship to do so through a well-laid-out procedure. Recently, famous blogger, Linda Ikeji joined the league of Nigerian celebrities whose children enjoy automatic American citizenship, courtesy of being delivered in the United States. But in spite of the relocation, many Nigerians are still eager to retain their Nigerian citizenship for themselves and their children born abroad. Written by Olusola Jegede, a Partner at Resolution Law Firm, Lagos. He has, immediately preceding the date of his application, either; Resided in Nigeria for a continuous period of fifteen years; or 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. Mostly all countries adopt the ‘Citizenship by birth’ factor. In 1968 however, the Nigerian Citizenship (Validation) Decree made it possible for people who were entitled to become Nigerian citizens … But you have to be of Nigerian descent either through parentage or birth. Nonetheless, if such a child also qualifies for the citizenship of the country or countries of his or her parents' citizenship, then he or she must elect, upon attaining 21 years of age, whether to retain his or her Nigerian citizenship or the citizenship or such other country or countries. The key determinant here is citizenship by birth. Ikeja, Lagos Office: Second Floor, Alphon House, N0 50/52, Toyin Street, Ikeja, Lagos, Nigeria, Lekki, Lagos Office: 3rd Floor, Lennox Mall, Block 10, Plot 2 & 3, Admiralty Way, Lekki Phase 1, Lagos Nigeria, Abuja Office: No 8, Lake Chad Crescent, Maitama, Abuja, Nigeria, London Office: KEMP House 160 City Road, London United Kingdom ECiV2NX, Resolution Law Firm is one of the leading law firms in Nigeria |, on LEGAL EXPLAINATION OF CITIZEN BY BIRTH – STATUS OF CHILDREN BORN ABROAD BY NIGERIAN PARENTS, REGISTRATION OF CAPITAL MARKET OPERATORS IN NIGERIA, NCC issues guidelines on national roaming, infrastructure sharing, Stock Market Value Hits N16.2trn on Sustained Bull Run, CJN swears in eight Supreme Court judges Friday. Once a person is a citizen of Nigeria, the place or country where such person gives birth to his or her kids or where such person’s spouse comes from is of no consequence, all the children will be entitled to Nigerian citizenship by birth going by the provisions of our Constitution. He further revealed that his mother, Aisha Kande was also a Nigerian who hailed from Dutse in present day Jigawa State. Section 25(1)(c) confers citizenship by birth on any children born outside Nigeria if at least one of the parents is a citizen of Nigeria, either by birth or registration or naturalization. Anybody born outside of the country, whose parent or grandparent is a citizen can be granted citizenship. If one or both of a person's parents are citizens of a given state, then the person may have the right to be a citizen of that state as well. In the meantime, my focus for now is just on the class of people describes as citizens by birth by the Constitution. Those born before or on the date of independence, October 1, 1960, whose parents or grandparents were born in Nigeria and who were legally residing in Nigeria at the time, are considered citizens of Nigeria. The Nigerian constitution may have accepted in principle the prominent models of citizenship as well as the factors that determine it but in reality it is denied in various spheres of life. According to the Nigeria constitution, any person born in the country after the country’s independence (1st October 1960), whose parent or grandparent is an indigene of Nigeria is a citizen. Going by the dictates of the law, acquiring Nigerian citizenship by birth does not mean that any individual born in Nigeria is automatically a Nigerian citizen. Citizenship by Birth A person becomes a citizen of a country if he is born within the territory of that country notwithstanding whether his parents are from that country or not. (2)  In this section, “the date of independence” means the 1st day of October 1960. Birthright citizenship, also referred to as jus soli which is Latin to mean right of the soil, is the right of citizenship that one acquires for being born in a particular country regardless of the nationality of their parents. He has shown a clear intention of his desire to be domiciled in Nigeria; He has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution. BY BIRTH: Birth within the territory of Nigeria does not automatically confer citizenship. Nigeria. Citizenship in Nigeria is regulated by Chapter III of the 1999 Constitution. 6) Section 28 deals with the … Acquiring citizenship in Nigeria is less stressful than in other jurisdictions, where the requirements are much stricter and individuals have to go through many rigorous steps and invest a huge amount of money. This means that, no one can acquire Nigerian citizenship by birth if neither of his parents is a Nigerian citizen. All Rights Reserved. During his latest … The person is of good character (This statement should be testified by two people and … 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. US President, Donald Trump has vowed to issue an executive order to end citizenship by birth, the process by which babies born in the country automatically become citizens. In Nigeria for example, citizenship can be claimed through parentage notwithstanding whether the child is born within or outside Nigeria. A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). Every person born in Nigeria before or after the date of independence (1960) either of whose parents or any of whose grandparents belong to an indigenous community or is a citizen of Nigeria, are classified as citizens of Nigeria by birth, as is every person born outside Nigeria either of whose parents is a citizen of Nigeria. i have had dual citizenship from birth (uk/nigeria) i hold the two passports . Atiku said he is a Nigerian by birth and was born on 25th November, 1946 in Jada, Adamawa State by Nigerian parents and he is, therefore, a citizen of Nigeria by Birth. In our increased globalized world, a quest for individual happiness is increasingly leading several Nigeria citizens to seek residence overseas. 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; He is a person who has made or is capable of making a useful contribution to the advancement; progress and well-being of Nigeria; • He has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and. They are also allowed to hold public office in Nigeria. From 1861 until 31.12.1948, the Nigerian Colony fell within the British Crown Dominions. In Nigeria, birth must be accompanied with descent from a Nigerian citizen or indigene. In contrast, there are the more permanent provisions of the law by which citizenship may be acquired at birth, by registration and by naturalisation. It doesnt matter if you were born in nigeria or not. wen i get to the u.k. i only show my uk which they never stamp. (UKC-Commonwealth Nation) Those born before or on the date of independence, October 1, 1960, whose parents or grandparents were born in Nigeria and who were legally residing in Nigeria at the time, are considered citizens of Nigeria. These factors are; There is a country that uses all of these factors, while some will just pick two or three factors as their criteria. NaijaOnline - Naija Best Guide, News & Tips. (1) The following persons are citizens of Nigeria by birth-namely-. But overall, there are certain determining factors regarding citizenship. Alerts and Messages . 25. First, going by the provision of the section 28 of the 1999 Constitution (as amended), acquiring the citizenship of another country after becoming Nigeria citizen other than citizen by birth will result to immediate forfeiture of the acquired Nigeria citizenship. See all Alerts and Messages. Once a person is a citizen of Nigeria, the place or country … A child is a Finnish citizen if, at the time when the child was born. Furthermore, please be informed that a citizen of Nigeria by birth may not renounce his Nigerian citizenship, being that he is allowed, under Nigerian Law, to acquire the citizenship or nationality of a second country, without the necessity to renounce the citizenship of … Programmes and Website. From 01.01.1949 until 30.09.1960, it was part of the UK and Colonies. The 1999 Constitution of Nigeria stipulated different class of citizenship, which includes the citizenship by birth, citizenship by registration and citizenship by naturalization. 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