NSC: Serious Issues for NSA, Inspector General of Police, Interior and Foreign Affairs Ministers

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A rejected tiger cub is doomed. The lawyer might say, why would a tiger reject its own cub? This piece concerns how Athletics Federation of Nigeria (AFN) breached the Constitution of the Federal Republic of Nigeria in order to reject our home grown athletes (youth and senior) for illegal aliens issued Nigeria’s Passport without ever stepping foot in Nigeria. This is sad indeed.

How can we be standing knowing that our national pride and distinction is under threat? Nigeria’s system of governance is a democratic one, where the government and its citizens or potential citizen rights are defined in the constitution. That constitution must be protected against any breach of its provisions by the Nigeria’s President as a duty based on the oath of office he swore upon assumption of his position under the Seventh Schedule of the Constitution (“… that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria.”) And as a Commander in Chief of the nation’s Armed Forces, failure to protect such constitution is tantamount to dereliction of duty which is very serious.

The President’s assignees, in form of Ministers are also under a duty to protect the constitution under the Seventh Schedule of the Constitution against any breach with the same consequence of a dereliction charge. The issue of this writing concerns the issuance of Nigerian Passports to certain individuals who are not Nigeria’s citizens by virtue of the constitution. Copies of some of the issued passports are readily available on various online newspapers and reproduced below along with a link to youtube video evidence of one Lindsay Lindley allegedly referring to herself as Lindsay Weyinme so as to avoid Nigeria’s immigration scrutiny (https://www.youtube.com/watch?v=lHIJ1rWqxJQ#t=29).

To set the scene of breaches of the relevant constitutional provisions, this writer will begin with the Citizenship Act provision within the constitution followed by existing facts and rest with recommendations. Such recommendations cannot fall short of cancellation of those passports issued. The relevant section of the constitution is section 26 because the individuals were not born in Nigeria. Also, 15 years of residence in Nigeria eliminate any of those individuals to be entitled to apply for naturalisation.

Citizenship Act (Chapter III of the Constitution of Nigeria)reproduced from<http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#Chapter_3>

26. (1) Subject to the provisions of section 28 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that –

(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.

 

(2) the provisions of this section shall 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.

 

The Available Facts

 

(A)   There was no record that any application was made by any of these individuals to be registered as a citizen of Nigeria to the President of Nigeria and there was no record of FBI criminal background check was performed in the USA to establish good character of these persons nor was there any check by the former Inspector General of Police as alleged;

(B)   There was no intention by those individuals to domicile in Nigeria permanently because to do so is a conduct tantamount to renouncing US citizenship and these individuals show no such intention,  (<http://canada.usembassy.gov/consular_services/dual-citizenship.html>

“ … However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship. Intent can be shown by the person’s statements or conduct.”;

(C)   There was no oath of allegiance made by any authorised Minister in accordance with Seventh Schedule of the Constitution; and

(D)   There was no verifiable corroborating evidence that these individuals have parents or grandparents who are (were) citizens of Nigeria.

 

Nigeria’s International Passport copies of those individuals:

 

Soudi Hamadjam

Soudi Hamadjam

Tyron Akins

Tyron Akins

Mark Jelks

Mark Jelks

Robert Simmons

Robert Simmons

 

SN Athlete Nigerian name Date of issue Place of birth
1 Jelks Mark Amaju 20th June 2014 Calabar
2 Denby Nichole   1st October 2013 Washington DC
3 Simmons Robert Tuoyo 26th June 2014 Washington DC
4 Akins Tyron Toritseju 2nd June 2014 Washington DC
5 Hamadjam Soudi Yaya 22nd February 2014 Calabar
6 Monzavous  Edwards Not available yet    

7. Lindsay Lindley (now Lindsay Weyinme) see her video where she said her Uncle just married-in last month to get Nigerian passport.

 

The Key Concerns

 

The Nigerian Embassy in Washington DC, USA and Calabar were used for the issuance of these passports and the problem in the country that was ranked as the most corrupt nation which is facing security challenges at this time is the credibility of our Ministry of Interior, former Inspector General of Police (IGP), Ministry of Foreign Affairs in preventing this national security breaches. Of course, in some quarters people might say maybe the President is aware of all of these happenings but such suggestion is highly unlikely if these Ministers weren’t aware.

 

The culpable people are those individuals at the AFN but the Ministers and the Inspector General of Police are under a duty based on oath they swore by virtue of the Seventh Schedule of the Constitution of the Federal Republic of Nigeria to protect the Constitution.

 

Recommendations

 

By virtue of the duty or obligation imposed on the IGP and the Ministers as well as His Excellecncy, Dr. Goodluck Jonathan, the President of the Federal Republic of Nigeria, the followings are recommended:

 

Those Nigeria’s passports must be cancelled and withdrawn;

All individuals (including officers at the Embassy in DC and Calabar) involved in the procurement of these Nigeria’s Passports must be prosecuted and banned from holding any public office;

And AFN officials must be separately probed of all its activities.

 

I rest for now.

 

Dr. Rashid A. Balogun, CPA, LLB(Hons.), LLM(London)

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5 Comments on this article. Feel free to join this conversation.

  1. dennis o o August 19, 2014 at 9:19 am -

    The question the writer did not address is issue of children born in foreign countries to Nigerian parents living there. Must they come to Nigeria and live before they can be issued a Nigerian passport. I’m against the fraudulent issuance of Nigerian passports to persons who has no ties to Nigeria, but when evidence legitimate ties has been established such a person should be issued a Nigerian passport irrespective of the place of birth or residence.

    • Toni Ohans August 19, 2014 at 9:54 am -

      @Denis I think those ones are automatic citizens under the section 25 because their parents are citizen and no need to file anything because the parents may have a passport to prove they are Nigerians. The thing about section 26 is that it sounds like for those born abroad claiming their grandparents are Nigerian citizen but not their parents

  2. HEN USA August 19, 2014 at 1:21 am -

    This Balogun is tearing his shirt for nothing. So what if they become Nigerian citizens. Children born in USA do not have to travel to Nigeria to become citizens of Nija. He listed his degrees but did not show us any terminal or medical degree that qualified him as the Dr. We should rejoice that somebody considers Nigeria worthy of such honor.

    • Toni Ohans August 19, 2014 at 8:04 am -

      So you believe it is acceptable for non-Nigerians to hold or be in possession of Nigeria’s passports? But does it bother you that Nigeria is the most corrupt nation and if not, does it bother you that majority of crimes abroad are really non-Nigerians carrying Nigeria’s passports? If none of this bothers you then every Nigerian will agree that you are not trully a Nigerian but one of those in possession of Nigeria’s passport obtained with fraudulent documents. On another note those mercenaries never won a single medal for Nigeria at the Commonwealth Games.

  3. Ebenezer August 19, 2014 at 1:08 am -

    Oh my God what a stystem. With such porosity in the immigration laws of the country what prevents lawless and rabidly dangerous groups like the rampaging ISIS and the likes streaming into the country, setting up shops at will. The Nigerian citizens of true credence must interview members of those offices for this outright recklessness, endagering the stability of the country and its citizens. Right now the lunatic from Mali, Shekau, running the Boko Haram maddogs’ affairs is obviously one of these laxities of the past. May God save Nigeria from her enimies from within, its government officials that is.