Dual citizenship: Senate President, Speaker risk losing seats

The Senate President, Dr Ahmad Lawan; the Speaker of the House
of Representatives, Mr Femi Gbajabiamila, and several other
lawmakers risk losing their seats following a recent ruling by an
Ondo State Election Petitions Tribunal, Sunday PUNCH report.

The tribunal on July 31, 2019, sacked Mr Ikengboju Gboluga, a
member of the Peoples Democratic Party representing Okitipupa/Irele
Federal Constituency of Ondo State for having dual citizenship and
thereafter ordered that Mr Albert Akintoye of the All Progressives
Congress be issued the Certificate of Return by the Independent
National Electoral Commission.

The tribunal headed by Justice Nuhu Adi ruled that Gboluga was
not eligible to contest the 2019 National Assembly election, having
admitted in his INEC Form CF001 that he had “voluntarily acquired
the citizenship of the United Kingdom” and had sworn allegiance to
the country.

The judgment was based on Section 66 of the 1999 Constitution
which states in part that, “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.”

Investigations by Sunday PUNCH showed that of the 109 senators,
four admitted in their INEC forms on oath that they had voluntarily
acquired the citizenship of another country.

However, top sources told one of our correspondents that the
figure could be much higher, adding that most of the lawmakers in
this category either had the United States or UK citizenship,
noting that the lawmakers were not born abroad but became citizens
by naturalisation, that is, swearing the oath of allegiance to
these countries.

They include Senate President Lawan, who represents Yobe North
senatorial district; Senators Opeyemi Bamidele of Ekiti-Central;
Teslim Folarin, representing Oyo Central; and Ibrahim Bomai of Yobe
South.

In his form CF001, Bamidele said he was a US citizen and had
also sworn allegiance to the country.

Responding to a question on whether he had voluntarily acquired
the citizenship of another country, Bamidele answered, “Yes, the
United States of America where I was granted political asylum.”

When asked if he had indeed sworn allegiance to the USA, he
replied, “Yes. I was granted political asylum by the USA.”

In his own form, the Senate President admitted that he had never
changed his nationality in the past but admitted that he had
voluntarily acquired the citizenship of another country and had
sworn allegiance to the same country.

Lawan, however, refused to disclose the country. It, therefore,
remains unclear why INEC accepted the form from him since it had
been stated that one must disclose the country.

Oyo-Central lawmaker, Folarin, admitted that he had voluntarily
acquired the UK citizenship and had sworn an oath of allegiance to
the country.

Senator Bomai of Yobe-South also admitted in his form that he
had voluntarily acquired the citizenship of Antigua and Barbuda, an
island nation in the West Indies in the Americas, lying between the
Caribbean Sea and the Atlantic Ocean.

Bomai, however, said on oath that he never “made a declaration
of allegiance” to the country.

In the case of the Speaker, Gbajabiamila, he also noted in his
INEC form that he had acquired the citizenship of the US.

Sunday PUNCH learnt that in the oath of allegiance for all
persons who voluntarily acquire US citizenship, a person must
pledge 100 per cent loyalty to the country.

However, parts of the oath are modified for religious and mental
reasons.

It said, “I hereby declare, on oath, that I absolutely and
entirely renounce and abjure all allegiance and fidelity to any
foreign prince, potentate, state, or sovereignty, of whom or which
I have heretofore been a subject or citizen; that I will support
and defend the Constitution and laws of the United States of
America against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I will bear arms on
behalf of the United States when required by the law; that I will
perform non-combatant service in the Armed Forces of the United
States when required by the law; that I will perform work of
national importance under civilian direction when required by the
law; and that I take this obligation freely, without any mental
reservation or purpose of evasion; so help me God.”

In the case of the UK, the oath stated, “I, (Insert full name),
do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth II, her heirs and successors, according to
law. So help me God.”

Subscribe ToNairalaw News!