DUAL NATIONALITY AND STATELESSNESS: THE LEGAL CHALLENGES OF ACQUISITION AND LOSS OF CITIZENSHIP

Abstract

Nationality is the legal link between an individual and a state, and it forms the basis for the enjoyment of rights and the performance of duties. In Nigeria, the 1999 Constitution of the Federal Republic of Nigeria provides for the modes of acquisition and loss of citizenship under sections 25 to 28. However, globalization, increased migration, and cross-border marriages have brought to the fore two critical issues: dual nationality and statelessness. This article examines the Nigerian legal framework on acquisition and loss of nationality, with particular focus on the challenges arising from dual nationality and statelessness. It argues that while the Constitution permits dual citizenship, it contains ambiguities regarding allegiance, political office holding, and deprivation of citizenship that create legal uncertainty. Furthermore, despite constitutional safeguards against statelessness, gaps in legislation, gender-discriminatory provisions, and weak administrative procedures continue to expose certain groups, including children born abroad and women, to the risk of statelessness. This is inconsistent with Nigeria’s obligations under the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Through doctrinal analysis and comparative review of the laws of the United Kingdom, United States of America, and Ghana, this paper identifies the key legal challenges and proposes reforms. It recommends constitutional amendments to remove gender discrimination, domestication of the UN Statelessness Conventions, and the issuance of clear administrative guidelines by the Ministry of Interior. The paper concludes that a more coherent and rights-based approach to nationality law is necessary to protect individuals and uphold Nigeria’s international obligations.