Citizenship and Immigration Regulatory Framework in Nigeria

Adagogo Brown

Human interactions are gaining momentum globally because of the increase in the activities of sports, education, crime, commerce, tourism, marriage, etc., across national borders. Some of these interactions involve movements and physical human contacts. To manage and check these movements, each country makes laws on immigration to protect its territory and citizens. It is the need for enlightenment and awareness on these immigration laws that necessitated Solomon Obietonye Enoch LeggJack to write his book, Citizenship and Immigration Regulatory Framework in Nigeria. The author holds a Bachelor of Science degree in Economics from the University of Port Harcourt in 1984, a Master of Science degree in Industrial and Labour Relations from the University of Ibadan, a Bachelor of Laws degree, Lagos State University Ojo, and Barrister at Law, Nigerian Law School. He worked with the Nigeria Immigration Service from September 1985 to July 2019. He served in several commands of the service in the country and discharged several responsibilities in and outside the country.

The book review focuses on organization, contents, expression, and mechanical accuracy. Beginning from the organization, the book of 245 pages has thirteen chapters and an appendix. Each chapter is broken down into subheadings for the purpose of giving a clearer understanding of all the topics in the text. The contents are made up of several subjects on the management of migration by Nigeria, other countries, and international agencies.

In chapters one and two, the author reveals the essence of the entire book. It tells the reader the meanings of such concepts as “citizenship’’ and “sovereignty’’, based on dictionary definitions, and explains sovereignty as the undisputed power and rights of a sovereign state or national government to make decisions and act accordingly, not only over the affairs within its own territory but also deal on its behalf with other sovereign states or national governments in pursuit of its national interests, including the right to determine and define who are its citizens. In very  simple sentences, the author explains the meanings of migration, who migrants and immigrants are, and introduces the issues of policy in the acquisition of Nigerian citizenship, the institutions involved in the acquisition of citizenship, rectification procedure in the acquisition of Nigerian citizenship, and provides readers with information on immigration guidelines.

Chapter two, tells the reader that the two concepts in the subtitle are synonymous and are used interchangeably. The author cites several sources in an attempt to define both terms and finally settles on the opinion of Global Migration Group (GMG) as the most authoritative source which states that both “national” and “citizenship’’ refer to a “person who either by birth or naturalization is a member of a political community owing allegiance to the community and being entitled to enjoy all its civil and political rights and protection.”

In the chapter, the author also demonstrates a rich knowledge of international history by bringing to the reader the events and consequences of the “Arab spring”, the protest by the Tunisians against the highhandedness of the country’s security agents which began in 2009, and spilled over to Egypt, Libya, Syria, and the consequent mass human migration to Europe as refugees.

The author further enlightens the reader on the European Union (EU) migrant crisis and its aftermath in France, Macedonia, Hungary, Greece, Denmark, Germany, Belgium, and Turkey which adopted various diplomatic policies to deal with the migrant problems in order to protect the citizens and national sovereignty. He examines the effect of the EU migrant crisis on the United States of America (USA) and presents the problem of illegal migrants from Asia, Africa, and the Middle East in pursuit of the American dream through Brazil, Central America, and Mexico to USA and the anti-immigration policies in the first tenure campaign of Donald Trump in 2016. Further, the author informs the reader of the genesis of the US “Visa Lottery Programme” and the Canada investment promotion as immigration incentives to business owners and skilled workers designed to encourage the acquisition of citizenship in US and Canada. The chapter also defines statutory Nigeria citizenship to those who were born before and after the date of independence, 1st October, 1960, by parents and grandparents belonging to indigenous Nigerian communities, or are citizens of Nigeria and those persons born outside Nigeria, if any of the parents is a citizen of Nigeria.

In chapters three and four, LeggJack reveals that a regular/documented migrant or legal immigrant is a person with appropriate entry visa through a recognized port and accordingly obtained a legal residency status, holding a residence permit. Additionally, he explains the Diplomatic Immunities and Privileges which excludes foreign envoys or consular officials, members of their families, their official and domestic staff from arrest, prosecution and violability of their residences while accredited in Nigeria. He reveals that no duly accredited foreign envoy in Nigeria can be granted Nigerian citizenship, noting that only regular or legal migrants are permitted by law to acquire Nigerian citizenship if they meet the relevant legal requirements and regulations relating to naturalization in Nigeria, and this throws light on the roles of the Federal Ministry of Interior (FMoI), the Nigeria Immigration Service (NIS), the Department of State Services (DSS), the Nigerian Police Force (NPF), the National Identity Management Commission (NIMC), and the State Governments in citizenship acquisition.

In chapter five, the author explains the benefits of citizenship acquisition to the beneficiary’s family, and adds that a non-Nigerian applicant wishing to acquire Nigerian citizenship by registration or naturalization must have resided in Nigeria for a continuous period of not less than fifteen years. The chapter also indicates that a foreign or non-Nigerian woman who is married to a Nigerian husband and desires to acquire Nigerian citizenship will be obliged on application by meeting the required conditions, and explains the process of naturalization by registration. Most importantly, the author discloses that both non-Nigerian wives and husbands, and their children before the acquisition of citizenship of either spouse, do not automatically earn Nigerian citizenship, adding that only children born after the acquisition of citizenship can automatically earn Nigerian citizenship, if they so desire.

Chapters six and seven deal with instances where a dependant may lose their citizenship through renunciation, deprivation, and on the order of the president, which is involuntary denaturalization of citizenship on account of disloyalty to Nigeria or for the reason of dual citizenship, one of which is not by birth, and explain that the people that can apply to regain lost citizenship are those who voluntarily renunciated their citizenship and those of Nigerian ancestry deemed to have been unclear by circumstances beyond their control, especially death of cognate adult relatives of the affected person while a minor. The chapter adds that the affected person who wishes to regain citizenship will have to apply for permanent residence permit following due procedure.

In chapters eight and nine, LeggJack makes it clear that it is an offence for a foreigner who holds Nigerian citizenship to hold the citizenship of two countries by either naturalization or registration at the same time. He notes that what is permissible is the holding of citizenship by birth of one’s country and either of citizenship by naturalization or by registration, and explains that naturalization confers geographical nationality to a foreigner; Niger-wife is an immigration facility or residency visa or permit to a female foreigner married to a Nigerian male; while an accompanying husband refers to a foreign female spouse or wife of an expatriate male resident and working in Nigeria, and a Special Immigration Status (SIS) is a facility issued to a foreign male spouse married to a Nigeria female or woman for the purpose of allowing him reside with her permanently in Nigeria after a marriage period of  two to five years. These chapters give clear and concise procedures for applying and securing each of the facilities for permanent residency.

“Issuance of Passport to Naturalized Citizens and Adopted Children” is discussed in chapter ten. It explains that a Nigerian citizen by naturalization is entitled to the Nigerian passport on application and the fulfillment of other conditions required by NIS. This chapter reveals that adopted children by both naturalized foreigners and Nigerians are entitled to the acquisition of Nigerian international passports. In the case of a child adopted by a foreigner or foreign organisation, the only difference is that the applicant must comply with Nigeria’s immigration laws and other conditions that may be specified by the Federal Ministry of Interior.

Chapter Eleven, entitled “Citizenship Regulatory Frameworks in the UK, USA, Switzerland, Ghana, Kenya, South Africa, and Egypt” examines the migration management policy adopted by each country to protect her interests. It notes that Britain has three categories of citizenship namely: British Citizenship, British Dependent Territories, and British Overseas Citizenship. Each category enjoys slightly different constitutional rights. The United States of America (USA) has three citizenship categories, by investment to generate jobs in the countryside, by birth, and by naturalization. In Switzerland, citizenship is by birth, naturalization, and marriage. In Ghana, citizenship is acquired by birth, adoption, naturalization, and registration.

In Kenya, Citizenship Act provides for citizenship by birth, presumption, marriage, and registration. In the Republic of South Africa, three categories of citizenship are recognized: by birth, descent, and naturalization. Egypt confers citizenship rights on those who have lived in Egypt for a given period, are born by Egyptian parents and those granted Egyptian nationality by decree subject to meeting other requirements.

Chapter Twelve, entitled “New Features of the Nigerian Immigration Act, May 2015 (As Amended)” deals with issues directed at encouraging citizenship by investment for the purpose of attracting foreign direct investment into Nigeria, control terrorism, check human trafficking, and other transborder offences, creation of a new administrative directorate and a division, and the prescription of punishments for specific immigration offences. The chapter also addresses the issues of Nigerians by birth, and foreigners with Nigerian citizenship, in addition to that of any other country other than that of their birth.

The last chapter, thirteen entitled, “Conclusions”, briefly restates all the issues treated in the preceding chapters and points out that the necessity of cross-border migrations and sovereign states have introduced prohibitive measures to check the adverse effects of the influx of migrants into their countries. The author, here, adds that the principle of Jus Soli, meaning one’s nationality is the country of one’s birth, does not apply in Nigeria, as all foreigners given birth in Nigeria cannot claim the citizenship of the country by birth, except following the due process of constitutional provision for citizenship acquisition. He also points out that the old doctrine of domicile, prolonged period of residence, is not applicable in Nigeria, except also following the due process of naturalization as provided by the law. The chapter also informs the reader that Nigeria has joined other nations who adopted citizenship by investment in attracting foreign manpower and investments into the country.

Besides the chapters, another important aspect of this book is the “Appendix”, a section after chapter thirteen which include explanatory memorandum, information on arrangement of sections in the book, data of immigration acts, meaning of concepts, lists of statutes, and a table of short forms (abbreviations and acronyms).

The review of this great book will not be complete without acknowledging its strengths and weaknesses. On the side of strength, each claim by the author in the book is backed up with scholarly opinions and references to authoritative sources, including the constitutions and other statute books. Another strong advantageous point is the use of examples to explain each point and concept. With regard to language, the book is written in very clear literal or plain English language, devoid of ambiguities, except where the author is constrained to refer direct to some legalese used in expressing some aspects of the constitution as in Chapter Five, page 50 (ii) which reads:

No person shall be qualified to apply for the grant of a certificate of naturalization, unless he satisfies the president that […] he has resided in Nigeria for a continuous period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in Nigeria for periods amounting in the aggregate to not less than fifteen years.

I must confess, the above lines tested both my elementary knowledge of addition and subtraction in mathematics, as well as, my understanding of the sentence structures of the English language. Still on expression and observation of mechanical accuracy in the use of the English language, the book falters on account of proper editing and proofreading. These are categorized.

First are mistakes from poor proofreading. On page 23, line 10, “Us”, an objective personal plural pronoun is used in place of “US”, meaning, United States. On page 24, line 4, “President Donal Trump” is written without the last letter “d” in the first name. Note the omission of the letter “s” from the word “Nigerian”, on page 39, line 15, to make the word a plural noun, “Nigerians”. On page 63, item V, has the letter “z”, as the only entry which appears not to offer any meaning. See the use of the word, “cum”, without hyphens, before and after joining the two words on page 79, line 2. The expression, “five(5) year” in line 13 of page 89 should be hyphenated to read “five-year”, and omitted words leading to incomplete sentence structures in lines 7 and 15 of page 104. 

The initials of words or acronyms are not used first in a discourse except the full words they represent have introduced them. This anomaly is observed in the use of “GDP” on page 5, line 23. Note the absence of the apostrophe (“) after the word ‘countries to read “countries’, showing the word as a plural possessive noun on page 17, line 1. Also, see the omission of the first “t” in the compounded word, “nation sate”, leading it to read” “nation-state” in line 19 of page 15.

Another set of observed faults are “errors”, an intended deviation because of the lack of the knowledge of the correct rules of the English language. There are one-sentence paragraphs in Chapter One, which are not proper, if they are not concluding paragraphs. They are paragraphs two, three, four, five, six, and seven. Sub-heads or titles that are expressed in bold letters should not be underlined at the same time. These are seen in most of the pages.

Within the category of errors are shifts in the tenses of the verbs of the introductory or signal phrases, from present to past tenses. On page 2, line 15, an example with a verb in the present reads, “… according to the New Webster Dictionary of English Language ‘means’….” Another shift to the past tense is on the same page, line 20, “ … the Black’s Law Dictionary … ‘defined’ ….” On page 3, line 1, the tense shifts to the present in “… ‘presents’ …” On the same page, line 9, the tense is in the present, “It also ‘explains’ .…” On page 4, line 6,” … International Organization for Migration (IOM) ‘opines’ …. “On page 6, line 5, “IOM. ‘defines’ ….”, while on the same page, line 7, “it [IOM] further ‘opined’ …”, and on page 7, line 9, “Global Migration Group (GMG) 2008 ‘posits’….” As the rule, the verbs of the introductory or signal phrases should be consistent in the tense, either in the present or in the past. In spite of the shifts in the tenses of the verbs in the signal phrases, meanings are not hindered.

Besides the above observed errors and mistakes, there are a few issues of dissonance in the rule of concord, spelling, and mechanical accuracy in the book. It is recommended that these should be corrected in a revised edition Despite these shortcomings, the author demonstrates his knowledge of the facts of the text by presenting the book from the first person point of view. He achieves this by saying, “I hasten to add … on page 105, line 20; page 135, line 10, and on page 138, line 9. The author’s repetition of, “I hasten to add”, conveys a note of authority in the field he tries to fill a gap and contributes to knowledge. The author’s multi-disciplinary training prepared him to excel in his career in NIS, subsequently leading to his writing of this book being launched today, which is a contribution to the development of the training of the NIS staff.

In conclusion, I find this book highly enlightening and educative as a resource literature on the laws guiding cross-border movements, the management of immigration in Nigeria and other countries of the world. Because human beings generally, for several reasons, move from one country of the world to another, sometimes changing nationality, it becomes very important for them to know the rules guiding such movements. To be informed and properly guided on cross-border movements and citizenship, I recommend this book to international business men, companies that engage expatriate staff, students of law, international and diplomatic studies, state, and national assembly members, all staff of NIS and every literate person in the English language, who believes in the power of knowledge, especially understanding how human beings move around the world.

Permit me to finally suggest first, that NIS personnel should own a copy of this book, whose cover price is set at fifteen thousand naira (N15,000) per copy; secondly, that the book should be translated into other foreign languages to ease communication and understanding of this very important issue of foreigners residing  in Nigeria; and thirdly, copies of the book be made available to foreign embassies and high commissions in Nigeria, to educate them on the laws guiding immigration (requirements) and the procedures for achieving citizenship facilities in Nigeria.