International

FACT CHECK: Nigerian women can pass Nigerian citizenship to children, Kemi Badenoch’s claim is false

Claim:

Kemi Badenoch, a British Conservative Party leader and Member of Parliament, recently stated in a CNN interview with Fareed Zakaria that, as a woman, she cannot transmit her Nigerian citizenship to her children. The comment came in the context of a broader comparison between Nigerian and British immigration and citizenship policies.

“It’s virtually impossible, for example, to get Nigerian citizenship,” Badenoch said. “I have that citizenship by virtue of my parents; I can’t give it to my children because I’m a woman.”

Her claim sparked widespread criticism on social media, particularly from Nigerians familiar with the country’s citizenship laws.

Background:

Badenoch, born Olukemi Adegoke in the United Kingdom to Nigerian Yoruba parents, spent a significant part of her early life in Nigeria, including her primary education in Lagos, before returning to the UK at the age of 16. She is married to a Scottish banker, Hamish Badenoch, and they have three children.

Verification:

A review of the relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) contradicts Badenoch’s assertion.

According to Section 25(1)(c) of the Constitution, a person born outside Nigeria is a Nigerian citizen by birth if either of their parents is a Nigerian citizen. The law does not distinguish between a Nigerian father or mother in this regard.

This provision makes clear that Nigerian citizenship by birth can be passed on by either parent, irrespective of gender.

Section 25:

“The following persons are citizens of Nigeria by birth—(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria.”

This means that any of Badenoch’s children, born outside Nigeria, are eligible for Nigerian citizenship by virtue of her status as a citizen by birth, assuming she has not renounced that status.

Furthermore, Section 28(1) of the Constitution allows dual citizenship for Nigerians by birth. A person who acquires another nationality does not lose their Nigerian citizenship, unless they renounce it or were not a citizen by birth.

Clarification on Gender in Citizenship Law:

Gender only plays a restrictive role in cases involving the registration of foreign spouses.

Under Section 26(2)(a), foreign women married to Nigerian men may apply for Nigerian citizenship by registration. However, the same ease of access is not extended to foreign men married to Nigerian women, they must instead apply through naturalisation, which carries more stringent requirements.

This restriction, however, applies only to spouses, not to children of Nigerian citizens.

Conclusion:

Badenoch’s claim that she cannot pass on Nigerian citizenship to her children because she is a woman is false. The Nigerian Constitution explicitly permits either parent to confer citizenship by birth to children born abroad. Unless Badenoch has renounced her Nigerian citizenship, her children remain eligible to become Nigerian citizens.

Verdict:False Claim

Badenoch’s children are eligible for Nigerian citizenship through her, under existing Nigerian constitutional provisions.

Mayowa

Mayowa

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