This week, meet Rufus Adeyinka Binuyo Esq., B.Sc., LL.B., LL.M., B.L., a distinguished Legal Counsel with years of professional experience at the esteemed BA Law LLP. His work has garnered recognition and has been published in the Nigerian Bar Association Journal.

A native of Osun State, Mr. Binuyo earned his B.Sc. in International Relations from Lead City University, Ibadan, Nigeria. He then pursued his LL.B. and LL.M. in the United Kingdom before returning to Nigeria to obtain his B.L.

CITIZENSHIP BY REGISTRATION IN NIGERIA – DISCRIMINATORY&REPUGNANT: A CASE FOR THE AMENDMENT OF SECTION 26 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED). ” A Publication by Rufus Adeyinka Binuyo Esq”

Abstract

While one may wonder why citizens of one country are attracted to another country, it is understandable when the social, economic, educational, and developmental benefits outweigh those attainable in the applicant’s home country. This fact has necessitated the need to make the procedure for attaining citizenship tedious. Generally, applicants may attain citizenship through different modes, especially by birth, registration, and naturalization. In the current era of equality of rights regardless of sex, it is worthy of note that Nigeria, a developing country, seems to have a different procedure that varies greatly from other countries in the world, specifically its unique avenue of citizenship – citizenship by registration. This article aims to make a case for the repeal of Section 26 of the Constitution of the Federal Republic of Nigeria (as amended), which restricts the attainment of Nigerian citizenship by Registration to a woman marrying a Nigerian man and not extending the same to a man marrying a Nigerian woman. Consequently, this paper will analyze the reasons behind the discriminatory provision as well as the rationale for drafting the Constitution in that manner. Further, the provision against discrimination under Chapter 4 of the 1999 CFRN (as amended) will be examined.

Here are a few excerpts, highlighting the key points and arguments presented in the publication.

Section 26 of the Constitution allows non-Nigerian women married to Nigerian men to apply for citizenship. This provision does not extend to non-Nigerian men married to Nigerian women, highlighting a gender-based disparity.

DISCRIMINATION AND GENDER ISSUES:

The gender-specific language of Section 26 has sparked debates about its fairness. It favors women married to Nigerian men but discriminates against men married to Nigerian women. This reflects broader issues of gender roles and equality, where historical and traditional norms have influenced legal frameworks.

CALL FOR AMENDMENT:

The publication argues for a revision of Section 26 to align with Section 42, which prohibits discrimination based on gender. It suggests that current laws are not consistent with international standards and modern values of equality and fairness.

GLOBAL CONTEXT:

Internationally, many countries grant citizenship through marriage, regardless of gender. The publication highlights the need for Nigeria to adopt similar inclusive practices to prevent future conflicts and legal challenges.

CONCLUSION:

This publication calls for legislative action to amend the discriminatory provisions in the Nigerian Constitution, ensuring equal rights and opportunities for both men and women in matters of citizenship.