Oluwatosin Enesi
Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has criticised recent comments made by United Kingdom Conservative Party leader, Kemi Badenoch, regarding Nigerian citizenship, describing her remarks as misleading and legally inaccurate.
Badenoch, while attempting to contrast British and Nigerian immigration systems, claimed: “It’s virtually impossible, for example, to get Nigerian citizenship. I had that citizenship by virtue of my parents. I can’t give it to my children because I’m a woman.”
In response, Falana stated that Badenoch’s position reflects a misunderstanding of the Nigerian Constitution, particularly its provisions on citizenship and gender equality.
“Contrary to her misleading claim, her children are Nigerians because she is a Nigerian,” Falana said.
He cited Section 25 of the 1999 Constitution (as amended), which clearly states that a person born outside Nigeria is a citizen if either parent is Nigerian.
“Her assertion that she cannot pass citizenship to her children because she is a woman is false and unsupported by law,” he added.
Falana also referenced Section 42(2) of the Constitution, which prohibits discrimination based on gender, birth circumstances, or social status.
He emphasised that no Nigerian citizen, including women, can be denied the right to confer citizenship on their children based on gender.
“Kemi Badenoch’s children, like her, are dual citizens of Britain and Nigeria. It is their decision whether to renounce Nigerian citizenship upon reaching adulthood, as permitted under Section 29 of the Constitution,” Falana said
He also addressed Badenoch’s claim that acquiring Nigerian citizenship is nearly impossible.
According to him, this is untrue, as Sections 26 and 27 of the Constitution provide for citizenship through registration and naturalisation, provided applicants meet the stipulated requirements.
However, Falana acknowledged that some aspects of Nigeria’s citizenship laws require reform—particularly the discriminatory provision that allows foreign women married to Nigerian men to register as citizens, while denying the same right to foreign men married to Nigerian women.
He urged public figures to be more informed and responsible when commenting on sensitive legal and national identity matters.
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