Authored By: Gold Mmasinachi Nwanganga
University of Abuja, Nigeria
This article interrogates the patriarchal underpinnings of Section 26 of the 1999 Constitution of the Federal Republic of Nigeria, which permits foreign women married to Nigerian men to acquire citizenship by registration, while excluding
foreign men married to Nigerian women. By embedding this gendered distinction in the supreme law, Nigeria institutionalises unequal treatment of its citizens on the basis of sex. The article examines the constitutional provisions, judicial interpretation, and the impact of this asymmetry on family rights, before analysing Nigeria’s obligations under international human rights law, particularly the CEDAW. It also engages with recent reform ef orts, including the Fifth Alteration Bill of 2022, which sought to amend Section 26 but failed in the House of Representatives. The article concludes that the persistence of patriarchy in Nigeria’s citizenship framework undermines constitutional equality guarantees and calls for urgent constitutional amendment and judicial action to eliminate discrimination.
INTRODUCTION
“Am I any less Nigerian than a man because of my gender?” This question captures the reality of Nigerian women like myself under Section 26 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). According to Black’s Law Dictionary, a citizen is a member of a free city or jural society, possessing all the rights and privileges which can be enjoyed by any person under
its constitution and government, and subject to the corresponding duties. [1] This clarifies the existence of a relationship between an individual and a particular state/country that is recognized by the powers of the law and provides for the enjoyment of privileges and the performance of obligations.
In Nigeria, citizenship is a constitutional concern, so much so that it has been clearly specified in Chapter 3 of the Constitution with 8 sections (sections 25-32) dedicated to citizenship and its issues thereof. The above stated Nigerian citizenship in question has three categories; Citizenship by Birth, Citizenship by Naturalization and Citizenship by Registration, with the latter being the subject of this article. [2]
To describe the latter, Citizenship by Registration entails the process of acquiring the identity of a citizen through specific eligibility criteria which may be marriage, residency and other qualifying factors. It involves submitting an application and providing documentation to support the claim. Hence, Citizenship by Registration via marriage translates to the individual married to the citizen of the country also becoming a citizen (by registration) after the two married individuals register their marriage and their union is recognized as legal before the laws of the land.
Section 26 of the Constitution of The Federal Republic of Nigeria provides the conditions through which an individual can become a citizen of Nigeria by means of registration. The conditions to be satisfied are:
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and (c) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution. [3]
Section 26 in the subsequent paragraph also goes on to clarify those whom the conditions would apply to:
(a) any woman who is or has been married to a citizen of Nigeria; or (b) every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria. [4]
It is clear to see that Section 26 (2) entrenches a gender-based imbalance. While the law permits foreign women married to Nigerian men to acquire citizenship by registration, it denies Nigerian women the reciprocal right to confer nationality on their foreign husbands. This constitutional asymmetry highlights the persistence of patriarchy within Nigeria’s supreme law.
This article adopts a doctrinal research method, focusing on the interpretation of constitutional and statutory provisions, judicial pronouncements, and academic commentary. Primary sources include the Constitution of The Federal Republic of Nigeria 1999 (as amended), the Immigration Act 2015, and the 2022 Constitution Alteration Bill (5th Alteration, Bill No. 36). Secondary sources include scholarly articles, NGO reports, and international instruments such as CEDAW. A comparative approach is also applied, referencing reforms in other African jurisdictions.
Section 26 (2) (a) and 27 of the Constitution of Federal Republic of Nigeria 1999 (as amended) defines citizenship by birth, allows “any woman” married to a Nigerian citizen to register as a citizen and provides for citizenship by naturalisation, respectively. This constitutional arrangement explicitly privileges Nigerian men over Nigerian women, embedding gender discrimination into the supreme law and explicitly implying that the citizenship of Nigerian women weigh less and is of lower value than that of Nigerian men. Though there is a difference in the ‘Nigerian experience’ based on gender, this difference does not make the average Nigerian woman any less Nigerian than the average Nigerian man.
The average Nigerian man is raised in an environment where they grow up singing the Nigerian Anthem and reciting the Nigerian pledge. The average Nigerian woman is raised the same way. Both are neither governed by different Constitutions nor ruled by different leaders, so why should the spouse of one be granted automatic citizenship after marriage and the other is not. Though, it can be argued that different cultures in Nigeria subject the female gender to partial treatment, gender equality is on the rise and is advocating for change in these patriarchal cultural norms. The Constitution should take no part in gender discrimination as it would be going against its own laws as seen in Section 42 (1) of the Constitution of Federal Republic of Nigeria 1999 (as amended);
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions. [5]
In addition to constitutional provisions, the Immigration Act 2015 regulates how foreign spouses live in Nigeria. Under this Act, both foreign husbands and wives of Nigerians can obtain residence permits, such as the N1A Spouse Visa, which allows them to stay and work in the country. However, this only grants residency, not citizenship. The key difference is that the Constitution, through Section 26, gives foreign wives of Nigerian men a direct path to citizenship by registration, while foreign husbands of Nigerian women remain excluded and must rely on naturalisation. This contrast highlights how Nigerian law treats residency equally but citizenship unequally. [6]
Although no Supreme Court decision has directly invalidated Section 26, courts have consistently emphasised the binding force of Section 42 on non-discrimination. Cases such as Unity Bank v. Owie (2011) and Uzoukwu v. Ezeonu II (1991) illustrate the judiciary’s willingness to expand constitutional rights. In principle, this jurisprudence could be extended to challenge Section 26’s discriminatory wording. [7]
However, as of now, no reported case has successfully overturned Section 26. This judicial silence underscores the necessity of constitutional amendment and continued advocacy.
The Nigerian framework providing for only Nigerian men the ability to transmit nationality onto foreign spouses (women) undermines Nigerian Women’s equal capacity to confer citizenship and discriminates against them by means of patriarchy. This disparity not only creates hardships for families and impedes family unity but also causes foreign husbands to face a longer naturalisation process, requiring 15 years of residence (s.27), compared to the relatively swift registration pathway available to foreign wives.
Nigeria’s failure to adopt similar reforms places it behind regional peers in aligning nationality law with gender equality. Examining other jurisdictions, it is clear to see that Nigeria is falling behind next to African countries such as our neighbors Ghana, Kenya and Uganda.
Article 7 (1) of the Constitution of Ghana (1992) states that: “ A woman married to a man who is a citizen of Ghana or a man married to a woman who is a citizen of Ghana may, upon an application, be registered as a citizen of Ghana.” [8] Unlike Nigeria, Ghana’s Constitution expressly recognises both foreign husbands and foreign wives.
Article 15 (1) of the Constitution of Kenya (2010) states that: “A person who has been married to a citizen of Kenya for a period of at least seven years is entitled, on application, to be registered as a citizen.” [9] This is gender-neutral: it applies to both foreign husbands and foreign wives.
Article 12 (2) of the Constitution of Uganda (1995, as amended) states that: “A person married to a citizen of Uganda shall be entitled, on application, to be registered as a citizen of Uganda.” [10] This was originally framed in gendered terms but has since been amended to cover both spouses equally.
Nigeria is a signatory to Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Article 9 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) states that: “States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.” [11]
Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) states that: “States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women…” [12]
By maintaining Section 26 in its current form, Nigeria is in breach of these obligations and is not living up to its international commitment.
The most recent and significant legislative attempt to reform Section 26 came with the Constitution of the Federal Republic of Nigeria (Fifth Alteration) Bill No. 36, 2022. The Bill sought to amend Section 26(2).
The alteration would have been:
Section 26 (2) of the Principal Act is altered by substituting for the existing “(a)”, a new subparagraph “(a)” –
“(a) any non-Nigerian woman who is married to a Nigerian man or any non-Nigerian man who is married to a Nigerian woman.” [13]
This gender-neutral formulation would allow both Nigerian men and Nigerian women to confer citizenship through marriage.
The Bill passed the Senate in February 2022 but it was defeated in the House of Representatives on 1 March 2022, largely due to political resistance and concerns rooted in archaic norms. This illustrates that there are Nigerians who see the need for the amendment of Section 26 and also shows the difficulty of reforming patriarchal and discriminatory provisions, even in the face of international pressure and strong civil society advocacy.
Due to Nigeria’s nature as a progressive state, I am of the belief that Nigeria can still move forward from this.
The 2022 Bill’s proposal to amend Section 26 by substituting “any woman” with “any spouse” can be revived. The failure of the Fifth Alteration Bill should not end the reform effort but guide future advocacy strategies.
Nigerian law courts should interpret Section 42 expansively to invalidate discriminatory provisions in citizenship law.
The government can enact a harmonising legislation under the Immigration Act to provide a uniform pathway to citizenship by marriage. This would arguably fix the problem at the root.
If we can domesticate l CEDAW and its related treaties to strengthen Nigeria’s human rights framework, this issue would no longer exist as the Constitution would be amended to fix this.
The Nigerian civil society must sustain advocacy campaigns to press for reform and challenge cultural stereotypes. The 2022 Bill provides a ready legislative template. Change can’t and won’t happen if the people of Nigeria stay quiet. Lawyers, NGOs and activists need to speak up even more. The 2022 Bill is proof that reform is possible; it just needs more support to succeed.
In conclusion, if the answer to my question earlier, “Am I any less Nigerian than a man because of my gender?” is no, then Section 26 needs to be amended.
By privileging foreign wives of Nigerian men over foreign husbands of Nigerian women, Nigeria’s citizenship law embodies a constitutionalised form of gender discrimination. Section 26 of the 1999 Constitution conflicts with Section 42’s guarantee of non-discrimination and undermines Nigeria’s obligations under CEDAW. The 2022 Constitution Alteration Bill No. 36 provided a clear opportunity to reform Section 26, but its rejection in the House of Representatives highlights the persistent obstacles to gender equality in Nigeria’s nationality laws. The comparative examples from other African states demonstrate that gender-neutral nationality laws are both feasible and consistent with modern human rights standards. The absence of judicial intervention in Nigeria makes constitutional amendment the most urgent pathway for reform.
Ultimately, for Nigeria to uphold its constitutional and international commitments, and to prove that its women are not any less Nigerian than its men, it must remove the gender bias in Section 26 and guarantee equal citizenship rights in marriage.
REFERENCE(S):
- Black’s Law Dictionary (11th edn, Bryan A Garner ed, Thomson Reuters 2019) 307 (definition of “citizenship”)
- Constitution of the Federal Republic of Nigeria 1999 (as amended), s 25, 26, 27
- Constitution of the Federal Republic of Nigeria 1999 (as amended), s 26 (1)(a, b, c)
- Constitution of the Federal Republic of Nigeria 1999 (as amended), s 26 (2)(a, b)
- Constitution of the Federal Republic of Nigeria 1999 (as amended), s 42 (1) (a, b)
- Immigration Act 2015 (Nigeria), s 37
- Unity Bank v. Owie, [2011] 5 NWLR (Pt. 1240) 273 (S.C.)
- Uzoukwu v. Ezeonu II, [1991] 6 NWLR (Pt. 200) 708 (C.A.)
- Constitution of the Republic of Ghana 1992, art 7(1)
- Constitution of Kenya 2010, art 15(1)
- Constitution of the Republic of Uganda 1995 (as amended), art 12(2) 11.Convention on the Elimination of All Forms of Discrimination Against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13, art 9
- Convention on the Elimination of All Forms of Discrimination Against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13, art 16
- Constitution of the Federal Republic of Nigeria (Fifth Alteration) Bill No. 36, 2022 Citizenship Rights in Africa Initiative, Nigeria: Constitution Alteration Bills (5th Alteration) February 2022 (2022)
