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Nairaland Forum / Nairaland / General / Politics / Saraki's Citizenship Saga: What The Constitution Says. (46135 Views)
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Re: Saraki's Citizenship Saga: What The Constitution Says. by 1stola: 10:07pm On Jun 29, 2015 |
aare07:I know you didn't read the post. You're just here to spew trash on the front page to get (likes) Mind you, Saraki is going down. This one thing alone is enough to stripe him off all the titles he stole. QUOTE ME LATER, HIS DAYS ARE NUMBERED. |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 10:15pm On Jun 29, 2015 |
Start a thread, explain all the sections I quoted and come back and mention me with a link attached. If you are too lazy to do that then you are in no position to counter my argument. If someone says interpretes something, you either accept it or give your own interpretation not tell the person to interprete again. Please I'm sorry for replying you. I just saw that you refered to sections of the constitution as "passages". mfm04622: 1 Like |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 10:28pm On Jun 29, 2015 |
NovusHomo: Exactly! It is right there in black and white. I thought I was seeing things. IT IS RIGHT THERE!! (BTW i dont support APC) |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 10:32pm On Jun 29, 2015 |
frisky2good: OP, please don't be too angry, but he is right. Read the last part of your post again. |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 10:45pm On Jun 29, 2015 |
DANDONdGreat: Remember that guy who was speaker untill it was discovered he was under age and he was kicked out of the National assembly? Well nig and world politics are full of such examples. Just because u got away with something for a long time... |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 10:51pm On Jun 29, 2015 |
Please quote the section and I will explain. As for anger, why should I be getting angry when people that are younger than me are making money? Anger is for foolish people. architez: |
Re: Saraki's Citizenship Saga: What The Constitution Says. by aare07(m): 11:00pm On Jun 29, 2015 |
1stola:Enemy of progress for this country |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 11:08pm On Jun 29, 2015 |
I strongly believe your interpretation of the constitution is misguiding and erroneous. The spirit of the law can be seen to promote loyalty to the Nigerian state and Nationalism. Hence, any interpretation as pertaining to Citizenship must be interpreted in the same light without guile or mischief. To appreciate the legal loopholes and potholes in the instant case, it is most appropriate to review the situation in different scenarios. As it is there are still pieces of information unknown to most people. And one crucial piece of information is his place of birth. Abubakar Bukola Saraki was born on 19 December 1962 to the family of Olusola Saraki, a one time Senate Leader (1979 – 1983) of the Federal Republic of Nigeria is a citizen of Nigeria by birth. Sec 28, says that a person who willingly takes up citizenship of another country other than his citizenship of birth losses his Nigerian citizenship. Hence, if you are British and you acquire a Nigerian citizenship, you can keep both, but the minute you take up an American citizenship, you loose your Nigerian citizenship. Nigerians by birth cannot loose their Citizenship except they denounce it. Our constitution recognizes dual Citizenships! Please note that Sec. 28 refers strictly only to Citizenship. It is important to note that the Constitution seeks to establish Nationalism and the Nigerian Identity, essentially, loyalty to the Federal Republic of Nigeria is paramount. Now to the matter at hand, Sec. 66. (1) No person shall be qualified for election to the Senate or the House of Representatives if: (a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; It is important to note that this section deals with qualification to the Senate and not Citizenship. It states that its position on Citizenship are subject to the guideline in Sec 28 to create uniformity in the interpretation of the law. But nonetheless, where a Nigerian, by birth or naturalization WILLINGLY takes up Citizenship in another country, such person is NOT QUALIFIED to be elected into the Senate or House of Representative. Thus, Dr. Olubukola Saraki is not qualified to be in the Senate. It does not state that the person ceases to be a citizen, just clearly says you lack qualification. A simple remedy would be for Saraki to denouce his UK citizenship, but will he? He probably renewed that passport so the UK can be a safe haven if there is a witch-hunt. But I will leave that to the conspiracy theorists!! Please note that if he was born in the UK, then he qualifies, because then, he can't be adjudged as taking up the nationality of another country willing. Thank You! |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 11:12pm On Jun 29, 2015 |
[quote author=architez post=35302643][/quote] How erudite!! Now, this is a learned fellow!! |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 11:16pm On Jun 29, 2015 |
frisky2good: Very good, OP. Read this: I strongly believe your interpretation of the constitution is misguiding and erroneous. The spirit of the law can be seen to promote loyalty to the Nigerian state and Nationalism. Hence, any interpretation as pertaining to Citizenship must be interpreted in the same light without guile or mischief. To appreciate the legal loopholes and potholes in the instant case, it is most appropriate to review the situation in different scenarios. As it is there are still pieces of information unknown to most people. And one crucial piece of information is his place of birth. Abubakar Bukola Saraki was born on 19 December 1962 to the family of Olusola Saraki, a one time Senate Leader (1979 – 1983) of the Federal Republic of Nigeria is a citizen of Nigeria by birth. Sec 28, says that a person who willingly takes up citizenship of another country other than his citizenship of birth losses his Nigerian citizenship. Hence, if you are British and you acquire a Nigerian citizenship, you can keep both, but the minute you take up an American citizenship, you loose your Nigerian citizenship. Nigerians by birth cannot loose their Citizenship except they denounce it. Our constitution recognizes dual Citizenships! Please note that Sec. 28 refers strictly only to Citizenship. It is important to note that the Constitution seeks to establish Nationalism and the Nigerian Identity, essentially, loyalty to the Federal Republic of Nigeria is paramount. Now to the matter at hand, Sec. 66. (1) No person shall be qualified for election to the Senate or the House of Representatives if: (a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; It is important to note that this section deals with qualification to the Senate and not Citizenship. It states that its position on Citizenship are subject to the guideline in Sec 28 to create uniformity in the interpretation of the law. But nonetheless, where a Nigerian, by birth or naturalization WILLINGLY takes up Citizenship in another country, such person is NOT QUALIFIED to be elected into the Senate or House of Representative. Thus, Dr. Olubukola Saraki is not qualified to be in the Senate. It does not state that the person ceases to be a citizen, just clearly says you lack qualification. A simple remedy would be for Saraki to denouce his UK citizenship, but will he? He probably renewed that passport so the UK can be a safe haven if there is a witch-hunt. But I will leave that to the conspiracy theorists!! Please note that if he was born in the UK, then he qualifies, because then, he can't be adjudged as taking up the nationality of another country willing. Thank You! |
Re: Saraki's Citizenship Saga: What The Constitution Says. by preselect(m): 12:03am On Jun 30, 2015 |
[size=13pt]APC just can't govern . . . . . they are learning on the job.. . . . . from terrorhammadu Buhari to NASS, they are just . . . .[/size] [size=28pt]SHAMBOLIC!!!![/size] . . . . . . [size=13pt]what a shame[/size] [size=18pt]may we be delivered from this abomination from Daura called Buhari . . . . .[/size] #TerrorReigns
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Re: Saraki's Citizenship Saga: What The Constitution Says. by mfm04622: 6:14am On Jun 30, 2015 |
frisky2good:Some of us have things to do with our time. No time to open threads up and down. The constitution said anybody that voluntarily acquire another country's citizenship is not entitled to be a senator. So how can you interpret that to mean Saraki can be a senator when he has dual citizenship? |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 7:31am On Jun 30, 2015 |
You know nothing about conditional words so understanding the constitution will be a little difficult for you. I will buy you a car IF I become governor of Lagos state. If you quote only the first part of this statement, it means I owe you a car unconditionally. If you quote it in full that means I first have to become a governor before I owe you the car. Those little words are in the constitution to trap people like you that are too lazy to prove your argument but always criticizing those that make efforts to educate others. Instead of you to just bow your head in shame for raising points you cannot defend, you claim you have no time to table your defense. How long do you think it takes? 5 days? NO, it takes just 2 minutes. 2 minutes to educate your fellow Nigerians. Is that too much for you to sacrifice? mfm04622: |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 8:55am On Jun 30, 2015 |
Good morning, The person that you quoted did a very good job and I will first want to thank the person for raising the points he raised. The moment you see reference to another section in any section of the constitution, that means you must apply that section when interpreting. What will now apply is the word used in the reference. When you see "subject to the provisions of ....." that means that is the section is the guiding light for the section you are reading. If you see "not withstanding the provisions of ......" that means you should disregard the quoted section. The basic requirement for becoming the senate president is that one must simply qualify to be a senator. Now, what is the basic requirement for getting into the senate? One must be a Nigerian and one must have at least FSLC. Saraki's FSLC is not in dispute so let's talk about his citizenship. How do we know he's a Nigerian citizen? Sec. 66. (1) No person shall be qualified for election to the Senate or the House of Representatives if: (a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; This text in bold means you must go back to section 28 of the constitution and apply it when interpreting section 66. Interpreting section 66 in isolation is invalid. I'm in a hurry right now but if you still disagree please quote me again and I will explain further later in the day. Have a nice day architez: |
Re: Saraki's Citizenship Saga: What The Constitution Says. by mfm04622: 11:41am On Jun 30, 2015 |
frisky2good: Please understand am not saying Saraki is not a citizen. Nigeria accept that her citizens can have dual citizenship. However, to my understanding what the constitution said is that dual citizens can not stand for election into the Senate and the House of Assembly. If my understanding is faulty, kindly educate me with the bolded above. Thank you |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 12:44pm On Jun 30, 2015 |
That section in bold already made reference to another section which explains the constitution's view on dual nationality and that is section 28 which is as follows: 28. (1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth. In ordinary English, this section is absolute because it insists that the only other thing to consider if in doubt about this section is the second paragragh (2) in this section. Let me try to fix Saraki's name into section 28 just for clarity sake and not in any way to ridicule the constitution. Subject to the other provisions of this section Saraki shall forfeit forthwith his Nigerian citizenship if, Saraki not being a citizen of Nigeria by birth, Saraki acquires or Saraki retains the citizenship or nationality of Notice how the clause "by birth" is carefully used twice in this section. It clearly states that he is qualified to hold the post as long as he was born in EITHER Nigeria OR UK. The only thing that can nullify his Nigerian citizenship is if he was born in a third country. If he was born in Ghana and his parents are Nigerians he can get a Nigerian passport but IF he now decides to acquire British citizenship, he will have to drop his Nigerian citizenship because section 28 of our constitution does not allow it. mfm04622: |
Re: Saraki's Citizenship Saga: What The Constitution Says. by modhream: 1:26pm On Jun 30, 2015 |
frisky2good:Even you goofed here,talking about your last paragraph.Saraki cannot forfeit his citizenship even if he was born on the Moon and became a naturalized citizen of Mars,insofar as he has at least one parent who is a Nigerian at the time of his birth.See S.25(1)c of the Constitution,which stands superior to S.28. Also,see Ogbeide v Osula (2005) as decided by the Court of Appeal.Also,Odidi v INEC (2007) FHC. The import is that a Nigerian citizen by birth can hold multiple citizenship,and cannot forfeit his citizenship.Ogbeide v Osula even go so far as to strongly suggest he cannot renounce it. 1 Like |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 1:59pm On Jun 30, 2015 |
frisky2good: Thanks for your politeness. But OP, don't you see that the Constitution would have simply said: ANY OTHERWISE QUALIFIED NIGERIAN CITIZEN QUALIFIES FOR THE NATIONAL ASSEMBLY. 66 would have simply refered you to 28 and add nothing more. But it didn't. It didn't because the qualifications are different. In your opinion, what are those differences? |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 2:31pm On Jun 30, 2015 |
Sorry sir but I don't see how we contradict ourselves. My point is very clear. Saraki remains a bonafide Nigerian citizen unless / until someone can prove that he was not born in Nigeria or UK. I believe that is your argument too or am I wrong? As for S.25(1)c, that will no longer cover him because S.28 is clear about place of birth. Maybe that is where we do not agree. Thanks for your reasonable contribution. modhream: |
Re: Saraki's Citizenship Saga: What The Constitution Says. by OreMI22: 2:34pm On Jun 30, 2015 |
[size=15pt]When it comes to BIAFRA, the Yorubas and Hausa/Fulanis are the WORST hypocrites. They bitterly hate the Igbos and indeed the southern minorities and would want them to leave Lagos etc and go stay in their own country! But in contradiction to their true feelings, they don't want Biafra because they want to perpetuate their right to collect the lion share of the oil resources sourced from the same peoples land, using the bogus criteria they foisted on the country called Nigeria. Without oil in Igboland and Southern minorities part of Nigeria, Yoruba and Hausa/Fulani would have long seceded from Nigeria. FACT! I know just like me, many of our people are not 100% convinced Biafra is the answer, while many others already are. Therefore, we should agitate for a UN sponsored referendum on the Biafra issue . Northern Ireland fought the British for 30 years for the independence of Northern Ireland, but the referendum proved that majority of the people wanted to stay in the UK. Likewise, the South Sudan's referendum proved majority of South Sudanese wanted to be in their own country. Therefore, a United Nations sponsored referendum should be the demand to see if majority of our people support independence or to stay in Nigeria.[/size] 1 Like |
Re: Saraki's Citizenship Saga: What The Constitution Says. by frisky2good(m): 2:40pm On Jun 30, 2015 |
Start a new thread with a suitable topic so you can attract people that you share the same interest with. OreMI22: |
Re: Saraki's Citizenship Saga: What The Constitution Says. by modhream: 3:17pm On Jun 30, 2015 |
frisky2good:Essentially,we do not disagree.Place and nature of birth are determined by Section 25,not 28.Section 25(1)c covered n still covers Saraki,he was born to a Nigerian citizen,by virtue of being born to one Olusola Saraki,a Nigerian citizen,at the time of his birth.Place of birth did not matter,S.25(1)c's simple language says "every person born outside Nigeria either of whose parents is a citizen of Nigeria."Born outside Nigeria means just that,outside Nigeria,be it Switzerland or Swaziland. Let me bewilder you further,any child born to a naturalized/registered Nigerian citizen,be he originally Greek or Gentile,is a citizen by birth and cannot forfeit it.That is the import of Ogbeide v Osula,an already decided case law. Section 28 apply only to citizens by registration or naturalization,which is why it exempted citizens by birth from the get-go.Definitions of citizen by birth,you find in Section 25(1)a,b,c,all exempted from the provisions of Section 28.A citizen by birth can take up as many other citizenships as he likes and still qualify for all political offices in the land (David Mark voluntarily took up Belizean citizenship n was SP 8yrs).A citizen by registration or naturalization cannot so do without losing his Nigerian citizenship.That's what Section 28 is about,read together with Sections 26 & 27 1 Like |
Re: Saraki's Citizenship Saga: What The Constitution Says. by architez: 5:33pm On Jun 30, 2015 |
islandmoon: You tribalist (LOL). Try to be less tribalistic. This thread has been quite informative. I saw a forum where they are still debating things we have already resolved. NAIRALAND is the best! Well done, OP. |
Re: Saraki's Citizenship Saga: What The Constitution Says. by codedguy1(m): 5:38pm On Jun 30, 2015 |
cococandy: You dey mind APC! During their campaign I saw Bola Tinubu in the TV chanting "certificate or no certificate, Buhari is qualified" holding a witches' broom while gesticulating and demonstrating like an overdosed banshee on heat. Now we are saying "naija citizenship or British citizenship, Saraki is the senate president" GBAM!! If they don't like it they should go jump inside river Niger since the lagoon would not contain all of them. 3 Likes |
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