Critical Appraisal Of Section 25 (1)(a) And Section 131(a) Of The Constitution Of Federal Republic Of Nigeria 1999

By Chukwu Michael Ikechukwu

The assessment of the aforementioned sections of the
constitution has become sacrosanct in the face of controversy
ensuing between Atiku Abubaka and Attorney General of the
Federation with respect to the qualification for election into
office of the president which section 131 (a) makes it mandatory
that the contestant of the office must be a citizen by birth, as a
result of misinterpretation of the above stated sections.

It is cardinal canon of statutory construction and
interpretation that in construing any provision of the
constitution, attention must be given to its whole content to
ascertain the intendment of such provision under construction and
where the provision under construction gives room to wide and
narrow construction, that it should be given a wide interpretation
to do justice. See the case of  Dapialong & 5 ors v.
Dariye & anor (2007)

Section 25 (1)(a) of the said constitution read as
follows:
(1) The following persons are citizen of Nigeria by birth
namely-
(a) Every person born in Nigeria before the date of independence,
either of whose parents or any of whose grandparents belongs or
belonged to a community indigeneous to Nigeria.

Section 131 (1) (a) read as
follows:
(1) A person shall be qualified for election to the office of the
president if-
(a) He is a citizen of Nigeria by birth.

The issues to be distilled from the foregoing provisions of the
constitution are as follows:
(1) What is the legal meaning i.e. de jure meaning of Nigeria
against the factual meaning i.e. de facto meaning?
(2) What is the tenor of the phrase “indigenous to Nigeria?”
(3) What is the legal implication with respect to those citizens
neither any of whose parent nor grandparents belongs or belonged to
community indigenous to Nigeria?

SUBMISSION:

1. ISSUE NUMBER ONE

To logically and constitutionally answer this question
cognisance must be taken of section 2(2) of the constitution which
is to the effect that Nigeria shall be a federation consisting of
states and a Federal Capital territory Abuja. Section 3 went ahead
to list states that make up Nigeria; Adamawa being where the Jada
the community where Atiku Abubakar was born is situated is included
in the list of states that make up Nigeria. it is submitted that
whatever stated in the constitution with respect to Nigeria is to
be taken as Nigeria as was constituted in 1999 when the
constitution was promulgated not Nigeria as was constituted when
flora Shaw named this part of African entity “Nigeria.” Anything
aside this will amount to absurdity as those parts of Cameroon who
were part of Nigeria before will be considered as citizen by birth
qualifying to vie for the office of the president of Federal
Republic of Nigeria.

More so, it should be noted that Adamawa was created after 1960,
if the framers of the constitution really meant it to be Nigeria as
was constituted in 1960, they would have list regions that
constituted Nigeria then rather than states created thereafter. In
view of the foregoing, submission, it is really irrational and
preposterous for one to argue that because Jada in Adamawa was not
part of Nigeria before 1961 and those who were born before then in
that part are not Nigerians by birth.

Lastly, for the purpose of construing section 25(1)(a) of the
Constitution, those belonging community indigenous to Nigeria,
though not Nigeria before 1999 but were included in those states
adumbrated by section 3 of the Constitution, are Nigerians
retrospectively to unlimited time. Therefore, Jada is Nigeria
retrospectively to unlimited time.

ISSUE NUMBER TWO

The constitution did not define what it means by the phrase
“indigenous to Nigeria. In the absence of this, a recourse shall be
had on the definition of the term “indigenous” offered by the
Oxford Advance learner’s Dictionary 8 edition; it defined it as
“belonging to a particular place [organization, community, country
etc.] rather than coming to it from somewhere else” (emphasis
mine). Belonging to a community means to be its member. For purpose
of section 25(1) (a) and (b) and for someone to qualify as citizen
by birth, either of his parents or grandparents must belong to a
community indigenous to Nigeria.  In the light of the
foregoing, it should be noted that the only ground on which Atiku
Abubakar can be disqualified is on the basis of neither any of his
parents nor grandparents belongs or belonged to the community
indigenous to Nigeria.

ISSUE NUMBER THREE

It is crystal clear that the legal implication of not having a
parents or grandparents belonging to the community indigenous to
Nigeria is that such person is not a citizen by birth and
consequently, by virtue of section 131 (1)(a) of the constitution
he or she is not qualified to vie for election into the office of
president of the Federal Republic of Nigeria.

CONCLUSION

It germane to clearly state at this juncture that the argument
to the effect that Atiku Abubakar is not qualified to vie for the
office of the president on the grounds that Jada community from
where Atiku Abubakar hailed from was not Nigeria when Atiku
Abubakar was given birth to, with profound respect to those who
hold the view, does not hold water. It is emphatically submitted
that the only ground upon which Atiku can be said to not qualify to
contest to the said office is on the grounds that neither any of
his parents nor grandparents belongs or belonged to the community
indigenous to Nigeria.

Written By Chukwu Michael Ikechukwu (LL.B
Hons)

By Chukwu Michael Ikechukwu

The assessment of the aforementioned sections of the
constitution has become sacrosanct in the face of controversy
ensuing between Atiku Abubaka and Attorney General of the
Federation with respect to the qualification for election into
office of the president which section 131 (a) makes it mandatory
that the contestant of the office must be a citizen by birth, as a
result of misinterpretation of the above stated sections.

It is cardinal canon of statutory construction and
interpretation that in construing any provision of the
constitution, attention must be given to its whole content to
ascertain the intendment of such provision under construction and
where the provision under construction gives room to wide and
narrow construction, that it should be given a wide interpretation
to do justice. See the case of  Dapialong & 5 ors v.
Dariye & anor (2007)

Section 25 (1)(a) of the said constitution read as
follows:
(1) The following persons are citizen of Nigeria by birth
namely-
(a) Every person born in Nigeria before the date of independence,
either of whose parents or any of whose grandparents belongs or
belonged to a community indigeneous to Nigeria.

Section 131 (1) (a) read as
follows:
(1) A person shall be qualified for election to the office of the
president if-
(a) He is a citizen of Nigeria by birth.

The issues to be distilled from the foregoing provisions of the
constitution are as follows:
(1) What is the legal meaning i.e. de jure meaning of Nigeria
against the factual meaning i.e. de facto meaning?
(2) What is the tenor of the phrase “indigenous to Nigeria?”
(3) What is the legal implication with respect to those citizens
neither any of whose parent nor grandparents belongs or belonged to
community indigenous to Nigeria?

SUBMISSION:

1. ISSUE NUMBER ONE

To logically and constitutionally answer this question
cognisance must be taken of section 2(2) of the constitution which
is to the effect that Nigeria shall be a federation consisting of
states and a Federal Capital territory Abuja. Section 3 went ahead
to list states that make up Nigeria; Adamawa being where the Jada
the community where Atiku Abubakar was born is situated is included
in the list of states that make up Nigeria. it is submitted that
whatever stated in the constitution with respect to Nigeria is to
be taken as Nigeria as was constituted in 1999 when the
constitution was promulgated not Nigeria as was constituted when
flora Shaw named this part of African entity “Nigeria.” Anything
aside this will amount to absurdity as those parts of Cameroon who
were part of Nigeria before will be considered as citizen by birth
qualifying to vie for the office of the president of Federal
Republic of Nigeria.

More so, it should be noted that Adamawa was created after 1960,
if the framers of the constitution really meant it to be Nigeria as
was constituted in 1960, they would have list regions that
constituted Nigeria then rather than states created thereafter. In
view of the foregoing, submission, it is really irrational and
preposterous for one to argue that because Jada in Adamawa was not
part of Nigeria before 1961 and those who were born before then in
that part are not Nigerians by birth.

Lastly, for the purpose of construing section 25(1)(a) of the
Constitution, those belonging community indigenous to Nigeria,
though not Nigeria before 1999 but were included in those states
adumbrated by section 3 of the Constitution, are Nigerians
retrospectively to unlimited time. Therefore, Jada is Nigeria
retrospectively to unlimited time.

ISSUE NUMBER TWO

The constitution did not define what it means by the phrase
“indigenous to Nigeria. In the absence of this, a recourse shall be
had on the definition of the term “indigenous” offered by the
Oxford Advance learner’s Dictionary 8 edition; it defined it as
“belonging to a particular place [organization, community, country
etc.] rather than coming to it from somewhere else” (emphasis
mine). Belonging to a community means to be its member. For purpose
of section 25(1) (a) and (b) and for someone to qualify as citizen
by birth, either of his parents or grandparents must belong to a
community indigenous to Nigeria.  In the light of the
foregoing, it should be noted that the only ground on which Atiku
Abubakar can be disqualified is on the basis of neither any of his
parents nor grandparents belongs or belonged to the community
indigenous to Nigeria.

ISSUE NUMBER THREE

It is crystal clear that the legal implication of not having a
parents or grandparents belonging to the community indigenous to
Nigeria is that such person is not a citizen by birth and
consequently, by virtue of section 131 (1)(a) of the constitution
he or she is not qualified to vie for election into the office of
president of the Federal Republic of Nigeria.

CONCLUSION

It germane to clearly state at this juncture that the argument
to the effect that Atiku Abubakar is not qualified to vie for the
office of the president on the grounds that Jada community from
where Atiku Abubakar hailed from was not Nigeria when Atiku
Abubakar was given birth to, with profound respect to those who
hold the view, does not hold water. It is emphatically submitted
that the only ground upon which Atiku can be said to not qualify to
contest to the said office is on the grounds that neither any of
his parents nor grandparents belongs or belonged to the community
indigenous to Nigeria.

Written By Chukwu Michael Ikechukwu (LL.B
Hons)