There has been an intense debate on social media platforms over Bola Tinubu, Nigeria's president-elect's alleged citizenship of the Republic of Guinea in West Africa.
A professor of law at the University of Lagos, Yemi Oke, says there is no Nigerian law that bars an elective officeholder from having dual citizenship.
There has been an intense debate on social media platforms over Bola Tinubu, Nigeria's president-elect's alleged citizenship of the Republic of Guinea in West Africa.
It was triggered after a snapshot of the biodata page of a Guinean passport bearing Mr Tinubu's picture and information surfaced on the Internet.
The discourse around it stresses Mr Tinubu's alleged ineligibility to contest for or hold the office of Nigeria's presidency owing to his alleged Guinean citizenship. It also spotlights the fact that he failed to disclose his alleged dual citizenship to the Independent National Electoral Commission (INEC). Mr Tinubu and his campaign council have yet to comment to either confirm or deny the allegations.
However, Mr Oke, weighing in on the issue, said the Nigerian constitution allows dual citizenship.
Referencing Section 28 of the constitution, the legal luminary, said "Dual citizenship is allowable where one qualifies as a Nigerian by birth."
"It is my considered opinion that a Nigerian by BIRTH can retain, and maintain dual citizenship for purposes of seeking any elective office(s) in Nigeria till date," the academic argued.
But, he clarified that "the only instance in which forfeiture of citizenship is allowed under the Constitution... is by holders of... citizenship by registration" and "citizenship by naturalisation."
In a veiled reference to Bukola Saraki, former Kwara State governor and Nigerian Senate President, Mr Oke recalled that Mr Saraki was accused of having dual citizenship, in a desperate bid to scuttle his Senate presidency ambition.
"The issue of dual citizenship had initially occurred when a Kwara-born politician was to become President of the Senate of Nigeria and was 'accused' of dual citizenship of Nigeria and the United Kingdom."
He noted that the issue has re-emerged concerning Mr Tinubu.
"It is my candid opinion that it is an ill-conceived distraction that will fizzle out," he said.
INEC disobeying court judgement on Diaspora voting
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Speaking further about the Nigerian election, Mr Oke said the Independent National Electoral Commission (INEC) is in contempt of a court order authorising Nigerians abroad to vote in elections.
Mr Oke who said he was one of the 20 plaintiffs in the suit instituted against INEC in 2007, noted that "INEC is yet to comply with the judgement that directed it (INEC) to allow Nigerians in the diaspora to vote in elections in their country of origin, Nigeria."
Criticising Nigerians for being forgetful in recognising "their legal rights," the academic said it was high time the electoral umpire took steps to ensure "maximum compliance with the judgement (of the Federal High Court) given in favour of Nigerians in Diaspora" to exercise their franchise in Nigeria's general elections.
The suit was prosecuted by Femi Falana, a Senior Advocate of Nigeria (SAN) and human rights activist.
Mr Oke said the verdict in the case which was delivered on 18 December 2008 has never been appealed against either by INEC or the Attorney-General of the Federation (AGF).
Urging Nigerians abroad to enforce their judicial victory to vote, Mr Oke said "There may not be any future elections in Nigeria without voting rights of Nigerians in Diaspora."
