Excerpts from a press statement released by the office of Senate President Bukola Saraki
On Thursday, August 6th, 2015, SaharaReporters published a totally fabricated report entitled: "Nigeria's Senate President Saraki Lied In His Official Election Forms" on its website. In that false report, SR alleged that Senate President Dr. Abubakar Bukola Saraki is not a Nigerian citizen.
The article went further to infer that Dr. Saraki intentionally avoided question 10 on the Independent National Electoral Commission (INEC) form for candidates contesting National Assembly elections and by so doing must have sworn an oath of allegiance to another country, such as the United Kingdom. The article also suggested that the Senate President avoided stating his place of birth on the INEC form, and that he is intentionally concealing his UK citizenship to avoid being disqualified from political office.
Journalism is meant to educate and bring out the truth to ensure justice, equity and fairness. Unfortunately, it seems the tenets of professional journalism mean nothing to Sahara Reporters.
Has Sahara Reporters carried out diligent investigation on the authenticity of its report before publication?
Section 25(1)(c) of the Nigerian Constitution discredit Sahara Reporters' argument that Dr. Saraki is ineligible for public office. The section clearly stipulates that "every person born outside Nigeria either of whose parents is a citizen of Nigeria" are considered "citizens of Nigeria by birth." What this means is that the Senate President will qualify as a citizen of Nigeria by birth under S.25(1c) - citizen by birth through parentage.
S.28 of the 1999 Constitution (as amended), which discusses the forfeiture of Nigerian nationality/citizenship upon acquisition of the nationality/citizenship of another country, does not apply to persons who are Nigerians by birth within the definition of Section 25 of the Constitution. This section also acknowledges and protects the right to hold citizenship by birth of another country.
The import of S.66(1)(a) of the Constitution is that: "Subject to S.28 of the Constitution", any body who has voluntarily acquired the citizenship of another country must be disqualified. The key word here is 'voluntarily', and is subject to the provisions of S.28, which protect the right to hold the citizenship of another country if such citizenship is acquired by birth.
In other words, Section 28 states clearly that dual citizenship is allowable where one qualifies as a Nigerian by Birth as contained in Section 25 (1) (a), (b) and (c) of the Constitution. The only instance in which forfeiture of citizenship becomes applicable under the Constitution is by holders of: i) citizenship by registration under Section 26; and ii) citizenship by naturalization, under Section 27 of the Constitution.
The Court of Appeal decision in the case of Dr. Willie Ogebide v. Mr. Arigbe Osula {2004} 12 NWLR Part 886 pp 127 paragraphs D-G, [with] Adeniji JCA reading the lead judgment held that:
Holding the citizenship of another country does not preclude, disqualify or nullify a person from having, acquiring or retaining Nigerian citizenship by birth. This is even more prevalent where such citizenship has been acquired by birth. Furthermore, there is no requirement for a dual citizen of Nigeria (by birth) and another country to renounce either citizenship.
Holding dual citizenship does not mean that a public office holder had earlier changed his nationality. The Senate President automatically had both citizenships 'bestowed' on him from the moment of his birth.
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Citizens of a country by birth do not need to swear to an oath of allegiance to that country; only citizenship acquired through naturalization and registration requires an oath of allegiance. Dr. Saraki never intentionally attempted to conceal his UK citizenship; he has never denied holding the citizenship.
Sahara Reporters went to extent of posting on the website of Sahara Reporters a fake UK passport claiming it to be that of Senator Bukola Saraki. Senator Saraki on the 19th of July 2015 instructed solicitors in the UK to write the UK Home Office to commence immediate investigation into this act of criminality. Sahara Reporters needs to explain the source of this fake or forged document to the UK Home Office.
We urge the public to be watchful of reports and stories published by Sahara Reporters. We shall make public the outcome of the investigation by the UK Home office and passport office.
