DISCRIMINATORY CITIZENSHIP BY REGISTRATION PRACTICE UNDER THE CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA, 1999 AND ITS IMPLICATION ON GENDER EQUALITY

Abstract

The Constitution of the Federal Republic of Nigeria, 1999 (CFRN, 1999) by virtue of section 1(3) thereof, is the organic and supreme law in Nigeria. Section 26 of the Constitution, deals with the types of citizenship available in Nigeria of which citizenship by registration through marriage is one. Thus, where a male Nigerian, marries a foreigner wife, she is legally permitted to acquire Nigerian citizenship by registration. However, where a female Nigerian marries a foreigner, the husband is disqualified from acquiring Nigerian citizenship through registration by virtue of marriage. This position subsists notwithstanding the provision of section 42 of the CFRN, 1999 which prohibits all forms of discrimination particularly on the basis of sex. This article adopts desk-based comparative method in interrogating the propriety of this practice and its implications on gender equality. It also examines various forms of gender discriminatory statutory provisions in Nigeria and their impact on gender equality in Nigeria. It discusses the practice in Kenya and Uganda drawing lesson for Nigeria. It argues that the statutory gender discrimination against females is an albatross to Nigeria’s achievement of Goal 5 of the Sustainable Development Goals (SDGs.). It recommends overhauling of the discriminatory legal architecture.