FACT CHECK: Does Nigerian law prevent women from passing citizenship to children born abroad, as Kemi Badenoch claimed?

Claim:

UK Conservative Party leader Kemi Badenoch claimed in a CNN interview aired on Sunday that Nigerian women are unable to confer citizenship to their children. Speaking on immigration and cultural integration, Badenoch compared Nigeria’s citizenship laws to those of the United Kingdom, stating:

“It’s virtually impossible, for example, to get Nigerian citizenship. I have that citizenship by virtue of my parents; I can’t give it to my children because I’m a woman.”

She made this comment while defending tougher immigration rules in the UK and highlighting what she described as global inconsistencies in how citizenship is granted.

 

Fact-check (Legal and Constitutional Analysis):

Badenoch’s claim does not reflect the provisions of Nigerian law. Section 25(1)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) clearly states that a person born outside Nigeria is entitled to Nigerian citizenship by birth if either parent is a Nigerian citizen. The section reads:

“Every person born outside Nigeria either of whose parents is a citizen of Nigeria shall be a citizen of Nigeria by birth.”

This provision makes no distinction between a mother or a father when it comes to transmitting citizenship. As long as one parent holds Nigerian citizenship at the time of the child’s birth, the child qualifi@es for citizenship by birth.

The law applies equally to men and women.

 

Relevant Legal Provision:

The 1999 Constitution of Nigeria, which is the supreme law of the land (see Section 1(1)), addresses citizenship by birth in Section 25(1). It states:

“25.—(1) The following persons are citizens of Nigeria by birth, namely—

(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria.”

Key Legal Facts:

The Constitution uses the word “parents,” not “father” or “mother” exclusively.

This means that either a Nigerian mother or a Nigerian father can confer citizenship to a child born outside Nigeria.

The provision applies equally to men and women — there is no legal restriction that prevents a Nigerian woman from passing citizenship to her child born abroad.

Legal Interpretation:

Under Nigerian constitutional law, the gender of the parent is irrelevant for the purpose of conferring citizenship by birth to a child born outside Nigeria.

Supporting Practice:

Nigerian embassies routinely issue passports to children born abroad to Nigerian mothers, with no discrimination based on the parent’s gender.

There are no statutory or constitutional provisions that limit a Nigerian woman’s right to transmit citizenship to her child.

Verdict on the Claim: False

There is no legal or constitutional basis for the claim that Nigerian women cannot confer citizenship on their children. Section 25(1)(c) of the 1999 Constitution is clear and unambiguous: “either of whose parents is a citizen of Nigeria” this includes both mothers and fathers.

Kemi Badenoch’s statement contradicts established constitutional law in Nigeria and is therefore factually and legally incorrect.

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