RHODES-VIVOUR V. I.N.E.C. [2024] 10 NWLR (1945) 47(SC)
ON WHETHER PROVISIONS OF SECTION 182(1)(A) OF THE 1999 CONSTITUTION (AS ALTERED) ARE APPLICABLE TO A PERSON WHO IS A CITIZEN OF NIGERIA BY BIRTH
The provisions of section 182(1)(a) of the 1999 Constitution (as altered) which are subject to the provisions of section 28, as they are, do not apply and are not applicable to a person who is a citizen of Nigeria by birth, even if or when he voluntarily acquires and retains the citizenship of another country other than Nigeria at the same time he retains his Nigerian citizenship. There is no provision in the Constitution which strips, takes away or removes the citizenship by birth from a Nigerian on ground of the acquisition of the citizenship of another country other than Nigeria. (P. 98, paras. D-E).
RHODES-VIVOUR V. I.N.E.C. [2024] 10 NWLR (1945) 47(SC)
ON WHETHER DUAL CITIZENSHIP OF A NIGERIAN BY BIRTH AND REGISTRATION OR NATURALIZATION IN ANOTHER COUNTRY IS A RENUNCIATION OF NIGERIAN CITIZENSHIP AND WHETHER IT AMOUNTS TO DISQUALIFICATION TO CONTEST FOR THE OFFICE OF GOVERNOR OF A STATE
Dual citizenship of a Nigerian by birth and of another country by registration or naturalization, etc., is not renunciation of Nigerian citizenship by a person as prescribed and provided for in section29 of the 1999 Constitution (as altered), so as to constitute a disqualification to contest for the office of Governor of a State. Thus, person who holds a Nigerian citizenship by birth cannot be deprived of his rights and privileges as a Nigerian citizen merely because he acquires or retains the citizenship of another country. (P. 98, paras. D-E).
RHODES-VIVOUR V. I.N.E.C. [2024] 10 NWLR (1945) 47(SC)
ON WHETHER MERE SUBSCRIPTION TO OATH OF ALLEGIANCE TO ANOTHER COUNTRY CONSTITUTES RENUNCIATION OF NIGERIAN CITIZENSHIP BY BIRTH
The simple interpretation that flows from the combine reading of section 182 and Section 28 of the 1999 Constitution (as altered) is that when a Nigerian by Naturalization or Registration acquires the citizenship of another country, he loses his right as a naturalized Nigeria. Such a person would not be able to contest any election into any elective office in Nigeria. However, a Nigerian by birth who thereafter acquires the citizenship of another country i.e. America as in the instant case, does not lose his right to vie for any elective office in Nigeria being a citizen by birth and not by naturalization or registration. The 3rd respondent is a Nigeria by birth. That fact was not been denied nor controverted. Therefore, his becoming an American citizen thereafter does not extinguish his citizenship of Nigeria which is by birth. [Labour Party v. Ishola (2014) LPELR-24386 adopted.] (Pp.106-107, paras. F-A).