The Law of Citizenship and Nationality in Nigeria: Jurisprudence, Constitutional Foundations and Administrative Processes

Read full text
Authors: Osawaru A. Erimwinorosee
Cited by: 0

Abstract

This chapter examines the law of citizenship and nationality in Nigeria, analyzing its jurisprudential foundations, constitutional framework and administrative mechanisms and situating the Nigerian experience within a comparative Commonwealth context using Ghana, South Africa and the United Kingdom. Adopting legal research methodology, the chapter relies on primary sources such as the 1999 Constitution of Nigeria, especially Sections 25 to 28, and case law defining acquisition, loss and protection of citizenship rights, together with statutory provisions, judicial opinions and policy instruments from Ghana, South Africa and the United Kingdom. Secondary sources-journal articles, government publications and nationality studies-support the analytical framework and provide comparative interpretation. The chapter finds that Nigeria’s hybrid citizenship model, combining jus sanguinis with a restricted jus soli mechanism, structurally aligns with Ghana’s predominantly descent-based system and South Africa’s constitutionally entrenched birth and descent criteria, but differs from the UK’s statutory approach, where Parliament, particularly under the British Nationality Act 1981, exercises dominant control over eligibility and nationality pathways. Despite strong constitutional guarantees in Nigeria, administrative realities-such as fragmented identity systems, indigeneity-based discrimination, weak documentation, and bureaucratic delays-limit citizens’ practical enjoyment of local entitlements. Accordingly, the chapter recommends institutional strengthening, harmonisation of national identity databases, elimination of practices that undermine internal citizenship equality, adoption of statelessness prevention safeguards, and borrowing procedural lessons from South Africa’s rights-driven constitutional interpretation and the UK’s streamlined nationality verification and immigration systems. The chapter concludes that citizenship in Nigeria is constitutionally secure and judicially protected, but its legitimacy and effectiveness ultimately depend on transparent administration, equal treatment and genuine implementation in everyday governance

Fields of Study & Subjects

Immigration Law and Human Rights Migration Refugees and Integration Legal Issues in South Africa

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
31 January 2026
Language
EN
Document type
Book chapter