12th December, 2024
By Somadina Eugene Okorie
Abstract
Key words: Citizenship, Investor, Foreign Investment, Constitution, Citizenship by Investment.
1.0 Introduction
2.0 The Concept of Citizenship Defined
The concept of citizenship has an ancient root, originating from the city-states of Ancient Greece. History has it that in Athens, citizenship was closely tied to active participation in the Polis (a city state in ancient Greece).
There (Polis), citizens were expected to engage in decision-making processes, military service, and other public duties. However, the idea grew increasingly restricted, and reserved for only free-born males, excluding women, slaves, and foreigners.
The steady evolution of citizenship, as it were, was also greatly aided by the Romans. The Roman Empire, for instance, is renowned today for extending the definition of citizenship and turning it into a legal status with related rights and protections. Roman citizens were entitled to rights like voting rights, property ownership, and, in some cases, legal immunity.
In order to integrate other populations within the empire, Rome became more inclusive over time and granted citizenship to conquered peoples.
Citizenship is a universal yet highly nuanced concept that underpins human organization, governance, and belonging.
As a legal, political, social, and cultural phenomenon, it serves as a cornerstone of modern civilization. Its definition evolves across contexts, but at its core, citizenship is the relationship between an individual and a state, defined by mutual rights, obligations, and identity.
In Nigeria the concept has been used as the critical legal and constitutional framework that seems to define the relationship between the individual and the state. It confers rights, privileges, and responsibilities, ensuring participation in the political, social, and economic life of the nation. The Nigerian Constitution, primarily in Chapter III (Sections 25–32), outlines the concept, acquisition, and implications of citizenship.
3.0 A Comparative Analysis of Citizenship Under Nigerian and the United States of America (U.S.) Law: Legal Foundations, Terminology, and Implications
3.1 Citizenship Under the Nigerian Law
Citizenship is primarily governed by Chapter III of the Constitution of the Federal Republic of Nigeria. The Constitution outlines the various pathways to citizenship, including by birth, by descent, by marriage, and by naturalization. These categories reflect Nigeria’s mix of jus soli (right of the soil) and jus sanguinis (right of blood) principles.
3.2 Acquisition of Citizenship in Nigeria
By Birth: The Nigerian Constitution grants citizenship to individuals born in Nigeria, as long as at least one parent is a Nigerian citizen at the time of their birth. This is codified under Section 25 (1) of the Constitution of the Federal Republic of Nigeria (1999). A child born in Nigeria to non-Nigerian parents can acquire citizenship if one of the parents is a Nigerian citizen. This is an application of the jus soli principle.
Moreover, a child born outside Nigeria to Nigerian parents (or a Nigerian parent, under specific conditions) can also be eligible for Nigerian citizenship by descent, provided certain conditions are met under section 26 of the Constitution of the Federal Republic of Nigeria (1999). Here, jus sanguinis prevails.
By Descent: Nigerian citizenship can also be acquired by descent. A child born outside Nigeria to Nigerian parents automatically inherits Nigerian citizenship, so long as the parent(s) were Nigerian citizens at the time of the child’s birth. This provision is governed by Section 26 of the of the Constitution of the Federal Republic of Nigeria (1999). which ensures that Nigerian nationality can be passed down to future generations even if born outside Nigeria.
By Marriage: The Nigerian Constitution recognizes the right of foreign spouses to apply for naturalization, although marriage alone does not automatically grant citizenship. Under Section 27 of the Constitution of the Federal Republic of Nigeria (1999), a foreign woman married to a Nigerian man may apply for citizenship after fulfilling the residency and character conditions outlined in the law. This reflects Nigeria’s inclusivity toward foreign nationals in fostering a connection with Nigerian citizens.
By Naturalization: Naturalization is the process by which a foreigner can acquire Nigerian citizenship. As outlined in section 26 of the Constitution of the Federal Republic of Nigeria (1999), naturalization is available to any foreigner who has lived in Nigeria for a continuous period of 15 years and meets other legal requirements. The process is subject to approval by the Nigerian government, making it discretionary. This provision reflects the high threshold for naturalization, aimed at ensuring that individuals seeking to be Nigerian citizens have integrated significantly into Nigerian society.
3.3 The Concept of Dual Citizenship in Nigeria
The issue of dual citizenship in Nigeria is a complex one. According to section 28 of the 1999 Constitution of the Federal Republic of Nigeria, Nigerian citizens who voluntarily acquire a foreign nationality after birth (either through naturalization, marriage, or other means) automatically lose their Nigerian citizenship. However, individuals who acquire another citizenship by birth (e.g., those born outside Nigeria to Nigerian parents) are not affected by this rule. This means that Nigerians who are citizens of other countries by birth can hold dual citizenship, but this is not the case for those who acquire foreign nationality after birth.
This provision has been controversial, especially among Nigerians who hold multiple citizenships by birth or those who acquire foreign citizenship for economic or educational opportunities.
3.4 Citizenship in United States of America
The United States (U.S) citizenship is governed by the 14th Amendment to the U.S. Constitution and the Immigration and Nationality Act (INA). The U.S. follows both jus soli and jus sanguinis principles, with strong emphasis on the rights of those born on U.S. soil and those with American parentage.
3.5 Acquisition of Citizenship in the U.S.
By Birth: The U.S. adheres to the principle of jus soli, granting citizenship to anyone born on U.S. soil. The 14th Amendment explicitly guarantees birthright citizenship, stating that: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This provision ensures that children born in the U.S. automatically acquire citizenship, irrespective of the citizenship of their parents, with exceptions for children born to foreign diplomats or enemy soldiers.
By Descent: In addition to birthright citizenship, the U.S. practices jus sanguinis for individuals born outside the country to U.S. citizen parents. According to Immigration and Nationality Act (INA) section 301, a child born abroad can acquire U.S. citizenship at birth if at least one parent is a U.S. citizen and has met specific physical presence requirements in the U.S. This principle ensures that U.S. citizenship can be transmitted to generations born outside the United States.
By Naturalization: The process of naturalization in the U.S. allows foreign nationals to apply for citizenship after meeting certain criteria. According to Immigration and Nationality Act (INA) section 316, an applicant must have been a lawful permanent resident (green card holder) for at least five years (three years if married to a U.S. citizen). Additional requirements include demonstrating good moral character, proficiency in English, and passing a civics test. Naturalization is a path to citizenship for those who were not born in the U.S. or to U.S. citizen parents.
By Marriage: Foreign nationals married to U.S. citizens may apply for U.S. citizenship through naturalization, with expedited eligibility after three years of residence in the U.S. under Immigration and Nationality Act (INA) section 319. This provision allows the spouse of a U.S. citizen to bypass the general five-year residency requirement, assuming they meet other eligibility criteria.
3.5 Understanding the Concept of Dual Citizenship in the U.S.
The U.S. recognizes and permits dual citizenship, a practice not explicitly endorsed or prohibited by law. While the U.S. does not encourage dual citizenship, it does not require individuals to renounce their foreign nationality when acquiring U.S. citizenship.
For as long as individuals obey U.S. laws, including taxes and military service, dual citizens are allowed to maintain their foreign citizenship, though complications may arise regarding conflicting legal obligations (e.g., taxes, legal jurisdiction, military service). The U.S. does not have a formal legal policy mandating the renunciation of other citizenships upon acquiring U.S. nationality, although the government expects primary loyalty to the U.S.
Citizenship laws in both Nigeria and the United States reflect differing national priorities and historical contexts. While both nations operate on principles of jus soli and jus sanguinis, the application of these principles varies. The U.S. offers a more comprehensive and inclusive approach to citizenship, by granting birthright citizenship and recognizing dual citizenship without requiring renunciation. This is a sharp contrast to Nigeria’s citizenship laws which far more restrictive and rigid, particularly in terms of dual nationality and the process of naturalization.
For Nigeria, adopting a more flexible approach to dual citizenship and revising naturalization requirements could encourage global mobility, attract foreign investment, and foster economic growth. Similarly, acknowledging new mechanisms such as Citizenship by Investment could position Nigeria to benefit from global trends while simultaneously balancing the interests of national identity and economic progress.
4.0 What is Citizenship by Investment?
Citizenship by investment (CBI) is way to obtain citizenship of a country, via a large investment in that country that is consistent with the laws, rules, and regulations of that country. This is quite an inclusive policy that has gained recognition in the United States and many developed countries in the world.
It is a governmental programme that developing countries especially those on the Caribbean Island have imbibed to better their country and encourage foreign capital investment from foreigners who meet the requirements.
Nigeria being Africa’s largest economy, is a country blessed with abundant natural resources, a young population, and a dynamic private sector. However, the country has faced challenges in attracting sufficient foreign investment, diversifying its economy, and creating jobs for its ever-growing population. While Nigeria has benefitted from oil exports for decades, the global shift toward green energy, fluctuating oil prices, and a reliance on commodity exports make it increasingly urgent for the country to diversify its revenue streams.
Implementing a Citizenship by Investment program is one avenue Nigeria may consider.
Rather than simply pulling resources out of the country or depleting foreign reserves, a well-managed CBI program could help channel international capital into key sectors of the Nigerian economy. By offering citizenship to foreign investors in exchange for substantial economic contributions, Nigeria could not only enhance its economic standing but also forge stronger ties with the global investment community.
END
-Somadina Eugene Okorie Esq. Business solicitor, writes form Lekki, Lagos.
