Kemi Badenoch, the leader of the United Kingdom’s Conservative Party, recently made a claim that sparked controversy across Nigeria.
In an interview with CNN’s Fareed Zakaria, Badenoch stated that she was unable to transfer her Nigerian citizenship to her children because of her gender.
“It’s virtually impossible, for example, to get Nigerian citizenship.
“I have that citizenship by virtue of my parents, I can’t give it to my children because I’m a woman.”
She used the example to highlight what she described as the imbalance in immigration systems, noting that many Nigerians take advantage of the UK’s more lenient processes to get citizenship.
“Yet, lots of Nigerians come to the UK and stay for a relatively free period of time, acquire British citizenship. We need to stop being naive,” she claimed.
Badenoch was born in the UK to Nigerian parents and spent part of her childhood in Lagos.
Read also: Kemi Badenoch claims her children can’t get Nigerian citizenship because she a woman
She later married Hamish Badenoch, a Scottish banker, and adopted his surname, becoming Kemi Badenoch.
BusinessDay’s findings reveal that her claim on Nigerian citizenship is false.
The Nigerian constitution
According to Section 25(1)(c) of the 1999 Constitution, a person born outside Nigeria is a citizen of Nigeria if either of their parents is a Nigerian citizen. This means that a Nigerian-born parent can pass citizenship to her child. In Badenoch’s case, her children are automatically Nigerian citizens, given that she is a Nigerian citizen by virtue of her parents.
Citizenship by birth
The Nigerian law allows citizenship by birth, which is acquired automatically at birth based on the citizenship status of one’s parents or grandparents, rather than solely on the place of birth. This status grants the holder all the rights of citizenship, including the right to enter Nigeria freely and enjoy constitutional protections.
Dual citizenship
The Nigerian law also allows dual citizenship, but with specific conditions. Section 28(1) states that a person who is a Nigerian citizen by birth may acquire the citizenship of another country without losing their Nigerian citizenship. This means that Badenoch’s children can hold both Nigerian and British citizenship without any issues.
Gender and citizenship
The law does not restrict privileges of citizenship by birth to gender. Gender becomes relevant only in cases involving foreign spouses. Section 26(2)(a) of the Nigerian Constitution states that “any woman who is or has been married to a citizen of Nigeria” may become a citizen too. However, foreign men married to Nigerian women are not automatically eligible for citizenship by registration under this law. This does not apply to their children, who have a Nigerian mother and Nigerian grandparents.
Read also: Nigeria’s hollow republic: When citizenship ceases to count
Sources corroborate findings
BusinessDay spoke with two immigration lawyers who confirmed that single parents who are Nigerian citizens can transfer citizenship to their children irrespective of their gender, in line with the constitution of Nigeria.
A source from the Nigeria Immigration Service (NIS), who would not want to be quoted, said: “Once we are certain you have Nigerian citizenship, we can give you a passport after showing us evidence. However, the constitution is clear and from what the constitution states, what she said was incorrect.”
Conclusion
In conclusion, Kemi Badenoch’s claim that she cannot transfer her Nigerian citizenship to her children due to her gender is false. The Nigerian constitution clearly states that a person born outside Nigeria is a citizen of Nigeria if either of their parents is a Nigerian citizen. Badenoch’s children are automatically Nigerian citizens, and they can hold dual citizenship without any issues.
