United Kingdom Conservative Party leader, Kemi Badenoch’s citizenship transfer claim has hit major headlines on Monday.
This comes as many Nigerians have been debating provisions in Nigerian citizenship laws.
Badenoch who is no stranger to making comments that fall on the negative side of Nigerians and Africans at large, during an interview on Fareed Zakaria GPS on CNN, monitored by Pan-Atlantic Kompass, claimed that it is “impossible” for her to pass citizenship to her children because she is a woman.
“It’s virtually impossible to get Nigerian citizenship,” Kemi Badenoch said. “I have that citizenship by my parents. I can’t give it to my children because I’m a woman. Yet loads of Nigerians come to the UK, stay for a relatively brief period, and acquire British citizenship. It’s been too easy—it’s a conveyor belt.”
The statement has been generating a barrage of reactions with many people disputing Badenoch’s citizenship transfer claim.
Pan-Atlantic Kompass, in this article, fact-checks Badenoch’s claim, while providing examples of individuals who have represented Nigeria through maternal ties, and examines the gender disparity in citizenship by marriage.
What Do Nigerian Citizenship Laws Say?
Checks by Pan-Atlantic Kompass revealed that Nigerian citizenship laws under Section 25(1)(c) of the 1999 Constitution stated that anyone born outside Nigeria is a citizen by birth if either parent is a Nigerian citizen at the time of birth.
Pan-Atlantic Kompass quotes from Section 25 of the 1999 Constitution below;
Section 25 (1) (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;
(Any person who was born in Nigeria before the day Nigeria gained independence (that is, before 1st October, 1960), if either their parents or grandparents were members of a community that is or was native to Nigeria that person can be said to be a citizen of Nigeria by birth.)
Provided that a person shall not become a citizen of Nigeria by this section if neither of his parents nor any of his grandparents was born in Nigeria.
(However, a person whose parents or grandparents were not born in Nigeria cannot be said to be a citizen of Nigeria under this particular section.)
Section 25 (1) (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
(Every person who was born in Nigeria after the day Nigeria gained independence, if either their parents or grandparents are citizens of Nigeria, that person can be said to be a citizen of Nigeria by birth.)
Section 25 (1) (c)
Every person born outside Nigeria, either of whose parents is a citizen of Nigeria.
(Every person born outside Nigeria and whose parents are citizens of Nigeria can be said to be a citizen of Nigeria by birth.)
From the provisions in Section 25 of the 1999 Nigerian Constitution, this means that having just one Nigerian parent is sufficient for citizenship by birth.
Also, according to the constitution, citizenship by birth in Nigeria means acquiring Nigerian citizenship automatically at birth. This is based primarily on the citizenship status of one’s parents or grandparents, rather than solely on the place of birth.
This status also grants the holder all the rights of citizenship, including the right to enter Nigeria freely and enjoy constitutional protections.
This provision is also gender-neutral, directly contradicting Badenoch’s claim.
Verifiable Examples of Nigerians Via Maternal Ties
To debunk Badenoch’s citizenship transfer claim, Pan-Atlantic Kompass looks into individuals who have represented Nigeria internationally or are eligible to due to their Nigerian citizenship acquired through their mothers, proving the gender-neutral nature of Section 25:
1. Cyriel Dessers: Dessers is a professional footballer born in Belgium who plays for Nigeria’s Super Eagles. Dessers is qualified to play for Nigeria at the international level because of his Nigerian mother. He made his senior international debut in October 2020.
2. Joshua Zirkzee: Born in the Netherlands, Zirkzee was eligible to represent Nigeria through his Nigerian mother. Although he chose the Netherlands, the Nigeria Football Federation’s interest in him confirms that maternal lineage is a valid basis for citizenship.
Gender Disparity in Citizenship by Marriage
While the Nigerian Constitution allows children to enjoy citizenship by birth from either parent, Section 26(2)(a) of the Constitution reveals a gender disparity in citizenship by registration.
Although Badenoch’s citizenship transmission claim about her children is false, her statement may reflect confusion with the discriminatory provision in Section 26(2)(a).
The Section excludes foreign husbands of Nigerian women from citizenship by registration.
For example, a foreign woman married to a Nigerian man can apply for citizenship by providing a marriage certificate, proof of good character, and an oath of allegiance, a relatively straightforward process.
In contrast, a foreign man married to a Nigerian woman would need to meet the stringent naturalization requirements, including long-term residency and renunciation of other citizenships.
CSOs, Women Groups Seek Reform of Discriminatory Laws
Civil society organizations and women’s groups in Nigeria have actively campaigned to amend discriminatory provisions in Nigerian citizenship laws, particularly Section 26(2)(a).
In 2022, the Nigerian House of Representatives initially rejected Bill 36, which sought to grant foreign husbands of Nigerian women citizenship by registration, alongside other gender-equality bills.
This rejection prompted widespread protests by women’s groups, including the Nigerian Women’s Trust Fund and the Women’s Rights Advancement and Protection Alternative (WRAPA).
On March 8, 2022, following demonstrations at the National Assembly in Abuja during a nationwide gas scarcity, the House rescinded its decision, agreeing to reconsider the bill.
However, the bill hasn’t been passed as of the time of filing this report.
Conclusion
Pan-Atlantic Kompass reports that Badenoch’s citizenship transfer claim misrepresents Nigerian citizenship laws, potentially perpetuating stereotypes about Nigeria’s legal system as sexist.
Section 25 is gender-neutral and allows citizenship through either parent, as evidenced by cases like Cyriel Dessers and Joshua Zirkzee among other examples.
However, Badenoch’s statement may reflect confusion with Section 26, which denies foreign husbands of Nigerian women citizenship by registration.
