Denikayan:


You have no point please!

That dude has nailed you with facts.

Just buy water and drink. You not fit to make an argument with him

naijapips04:


I am quoting your constitution for you. Are your 18 SANs more learned than the Nigerian constitution? what does being a Nigerian by birth mean according to the constitution?

Sterope:
Nigerian by birth refers to those whose parents or grandparents were to born in Nigeria before or after 1960.....that is belongs to a community indigenous to Nigeria. Nigeria became Nigeria in 1914, and the northern Cameroon did not form part of Nigeria until 1961.

Let's see what PDP has to say, they may come across a good defence.

baralatie:

meaning that both Atiku and buhari are citizens by this same constitution.

NgeneUkwenu:
[s][/s]

Why did you leave Section 25, Subsection a) which states thus, and I reproduced



Are you trying to be clever by half?

Sterope:
Yes o. Atiku is a Nigerian but not a Nigerian by birth so far.

baralatie:

neither is buhari,obasanjo and all does big guys

Sterope:
Yes o. Atiku is a Nigerian but not a Nigerian by birth so far.

Sterope:
I am sorry for arguing with you. Your problem get as e be

naijapips04:


So where is Buhari's father from?

amaniro:
After 10 years you can become a citizen of the country


Ok if Atiku is from Cameron. He's maybe 73 years. How many years has he spent in "Nigeria"

banio:
Unconstitutional Constitution leading us to ....

Levant:
I am neither APC nor PDP. Let me give by own opinion as a neutral observer.

I think Atiku has lost this. Not because he is not a Nigerian, but because there is a loophole in the constitution that cannot allow him to be regarded as a Nigerian by birth. The constitution is silent about the fate of those born before independence in a town like Jada, that only became a part of Nigeria after a plebiscite, in which the people chose to be part of Nigeria and not part of Cameroon.

Jada was ruled by Britain. It is similar to the issue of Kashmir that is disputed territory between Pakistan and India. The difference with Kashmir is that the will of the people of British Cameroon prevailed and they joined Nigeria. The Kashmiris have not been allowed to voice whom they want to join or whether to be independent. For the mere fact that Britain had ruled that land alongside with Nigeria doesn't make it a part of Nigeria that got independence in 1960. That land was part of German ruled Cameroon which was divided after the German defeat of world war 1 between France and Britain. When Nigeria was amalgamated by the British, that piece of land was ruled by Germany. Assuming today Ghanaians say they want to be part of Nigeria for the mere fact that they speak English and were British ruled, there would be need for the constitution to specifically recognize the Ghanaians born before 2019 as "Nigerians by birth" after joining Nigeria in 2019. If the constitution is silent on their fate, and the constitution states that for someone to become president he must be a Nigerian by birth, then Ghanaians born before 2019 cannot claim to have been born in Nigeria. Only those of Ghanaian descent born after 2019 would be considered as Nigerians by birth because Ghana ceased to be Ghana and became Nigeria only in 2019.

Assuming the constitution had stipulated that those born in a land that later joined Nigeria can also be considered Nigerians by birth, then the issue would be resolved easily. But the constitution is silent. And since Atiku was born in a land before independence that was not a part of Nigeria, then Atiku is not a Nigerian by birth but by naturalisation, more or less. Those born in Jada after independence and after the plebiscite of 1961 can thus be regarded as Nigerian citizens by birth, but not someone like Atiku who was born there before the plebiscite. Assuming, the constitution would have made mention specifically about the fate of such persons as Atiku and granted them right to be considered as citizens by birth, then it won't have been an issue. Laws are only formulated when there is need or through an event or incident. It doesn't mean Atiku is not a Nigerian and it doesn't mean Atiku is a Cameroonian because that land ceased to be a part of Cameroon after world war 1 and the defeat of the Germans. What became Cameroon was divided between France and Britain. and that land wasnt Cameroon after British rule. So Atiku is Nigerian but not by birth. And he is not to be considered Cameroonian either. It only means that since the Nigerian constitution is silent on the specific, Atiku is not eligible to become Nigeria's President. The president must be Nigerian by birth.

Whoever thought of this and decided to pick it up is a genius. And Atiku will lose it. It is just on the fact that he is not eligible to be Nigeria's president even though he is Nigerian but not by birth.

Ratello:


So the opinions of 18 financially induced clownish SANZ represent the opinions of other SANs right?

dancewith:


But by the plesbicite those communities became indigenous to Nigeria and hence he was born in Nigeria as were his parents and grandparents

Pushing it a little further, the area in question were never part of Cameroon but Bitish Camaroon and were never part of Cameroon at any time in history

Do you now follow this simple interpretation??

What you guys are trying to say people of are Nigerians by birth?? Does this even begin to make sense to any of you

dancewith:


But by the plesbicite those communities became indigenous to Nigeria and hence he was born in Nigeria as were his parents and grandparents

Pushing it a little further, the area in question were never part of Cameroon but Bitish Camaroon and were never part of Cameroon at any time in history

Do you now follow this simple interpretation??

What you guys are trying to say people of are Nigerians by birth?? Does this even begin to make sense to any of you

dancewith:


Your argument would have been valid if the constitution didn't state indigenous to Nigeria. It means upon the plesbicite those communities became indigenous to Nigeria and treated as if they had always been Nigerians.

The constitution made that much clear. On the extent of non clarity in this, the court are usually required to toe the line of common sense and justice.

How would you treat those communities? They are not Nigerian by naturalisation either as the constitution spelt out steps to become naturalized. Neither re they citizens by registration

Let's stop confusing issues where non exists

Levant:


One is only eligible to become president of Nigeria by birth. If you were not born in Nigeria, then even if you become a Nigerian through other means, you cannot become president of Nigeria.

Levant:


The definition of what constitute a "community" would then be contested.

Is the constitution referring to Fulanis as a community? Won't that make Fulanis in Senegal and Central African Republic eligible to vote and be president in Nigeria?

Or is the constitution referring to "indigenous community" meaning originating in Nigeria as a people living on the land?

You may say it is confusing issues, but there are precedents to be set. Sadly, the confusion is arising from the fact that those who became citizens through a plebiscite and were born before independence are not given mention in the constitution. Therefore people like Atiku born before independence aren't Nigerians by birth but through plebiscite, which is similar to referendum or naturalisation. Atiku has lost this. Mark this post! People of Jada born after the plebiscite, only, can then be considered as Nigerians by birth, not those before the plebiscite since the constitution is silent on their matter.

amaniro:



Guy I analyzed your argument and I think you're wrong. If this is so even Obasanjo, Buhari, Jonathan, Yaradua are not Nigerians! The whites caused all these fa

Pentasoft1978:
APC has thrown Nigeria into a citizenship problem , it was easy to rig election, now come and defend it, they have come up with cock and bull story of citizenship.....the country is totally messed up, this is the result you get when your president is a Robot and illiterate . Bihari can not tell APC that using Atikus citizenship is not a better defence , but will rather throw Nigeria into Chaos. illiteracy has turned Nigeria upside down.

amaniro:



Its just a little point BTW. Both Buhari and Atiku were not born in Nigeria... and probably the person self who started it. so why the fuss??