Dual citizenship not barrier to holding public office –SANs

Some senior lawyers have dismissed claim by a group, All Nigeria Save Democracy Movement, that any Nigerian with dual citizenship is not fit to hold a public office, saying that does not exist in the constitution. According to them, what is important is for the person, either vying for a political office or being nominated for a position, to be a citizen of Nigeria and be qualified to hold such office. They said there is no law that disqualifies anyone with dual citizenship from assuming public offices. The group had, in a petition, called on the Senate to disqualify a ministerial nominee, Senator Musiliu Obanikoro, because of his alleged dual citizenship of Nigeria and the United States. The group claimed that by virtue of Sections 147 (5), Section 66 (1) and Section 28 of the 1999 Constitution as amended, Obanikoro “was not even qualified to run for the Senate of the Federal Republic of Nigeria,” which he did and won. But a Senior Advocate of Nigeria, Prof. Taiwo Osipitan, said what was required for holding public office was for the person to be a citizen of Nigeria. “There is no law that says because you have dual citizenship, you are disqualified from holding an elective post or ministerial position in Nigeria,” he said. Another Senior Advocate of Nigeria, Mr. Tayo Oyetibo, also said there was nothing debarring any Nigerian from holding public offices as long as the person was a Nigerian. “Being a Nigerian is the most important thing, and once a person is a Nigerian, particularly by birth and parentage, he or she can hold public office,” he said. A human rights lawyer, Mr. Jiti Ogunye, agreed with his senior colleagues, adding that having dual citizenship would not rob the holder of his/her primary citizenship.