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Monday, June 29, 2015

Saraki's Citizenship Saga: What The Constitution Says.


Although I have not been able to confirm if the passport being circulated online by that website that is now practically synonymous with blackmail is genuine, I will base my argument on the assumption that "IF IT HAPPENS TO BE TRUE". My reason is simple: If it is found to be false, No case. It is only if the passport is confirmed to be genuine that we need to waste time deliberating on what the constitution says about the matter.

Now, what makes an individual a bonafide citizen of this country?
According to the constitution (section 25), 

25. (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.

There are other criteria but let me stop here. Now, I do not know where Bukky was born but I know his parents were born here in Nigeria so he's a Nigerian ...........right?


Ok, let's continue.

What makes a man with a British passport become a Non-Nigerian? The constitution has the answer.

28. (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. 

Please read this sentence very well because in this case if Bukky was either born in Nigeria or Uk, this section does not nullify his Nigerian citizenship. 

Having established that Mr. Saraki is a bonafide Nigerian citizen, let's go to chapter IV (NATIONAL ASSEMBLY)

Qualifications for Membership of National Assembly and Right of Attendance 

65

(1) Subject to the provisions of section 66 of this Constitution, a person shall be qualified for election as a member of:

(a) the Senate, if he is a citizen of Nigeria and has attained the age of 35 years

And what (concerning citizenship) disqualifies an individual?

66

(1) No person shall be qualified for election to the Senate or the House of Representatives if:

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; 

Since we have established that Saraki is a Nigerian citizen by virtue of his satisfying the provisions of section 28 of the constitution of the Federal republic of Nigeria, I conclude based on the facts available that Saraki is qualified for the position of Senate president.

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