Can a Nigerian Mother Pass Citizenship to Her Children? What the Law Says

In a recent interview, UK Conservative leader Kemi Badenoch claimed she could not transmit her Nigerian citizenship to her children because she is a woman.

This statement betrays a fundamental misunderstanding of Nigerian nationality law. Under our Constitution, gender is not a barrier to passing on citizenship by birth.

There are relevant legal provisions, and any Nigerian mother, just like any Nigerian father, enjoys the equal right to confer nationality on her offspring.

Citizenship by Birth Is Gender‑Neutral

Section 25 of the 1999 Constitution sets out who qualifies as a Nigerian citizen by birth. Paragraph (b) makes clear that anyone born in Nigeria after independence to either Nigerian parent is a citizen.

Paragraph (c) extends the same right to children born outside Nigeria: “every person born outside Nigeria either of whose parents is a citizen of Nigeria.”

No phrase or clause restricts this right to fathers only. A mother’s nationality automatically vests in her child at birth, regardless of where that birth takes place.

The Constitution Forbids Gender Discrimination

Beyond Section 25, the Constitution expressly prohibits any disability or deprivation on grounds of gender.

Section 42(2) states: “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth, gender, political opinion or class.”

In other words, the law shields every Nigerian from being denied rights because they are male or female. Therefore, a Nigerian woman’s gender cannot lawfully prevent her child from claiming citizenship.

Dual Nationality and Future Choices

When a child born abroad acquires Nigerian citizenship by virtue of a mother’s nationality, that child may also hold the citizenship of the country of birth.

Our law permits dual nationality in such cases. Under Section 29, upon reaching adulthood, the individual may choose to renounce Nigerian citizenship if they wish.

Until that time, they enjoy full Nigerian nationality rights like voting, owning property, and accessing public education, just like any citizen born on Nigerian soil.

Misconceptions on Naturalisation and Registration

Kemi Badenoch also suggested it is “virtually impossible” to acquire Nigerian nationality. This too conflicts with our law. Sections 26 and 27 of the Constitution set out clear routes for foreigners to naturalise or register as Nigerian citizens once they meet residency, character, and other straightforward requirements. There is no hidden barrier, nor is gender ever mentioned as a factor in these provisions.

The Gender Imbalance in Spousal Registration

While citizenship by descent treats mothers and fathers equally, our law does contain one outdated wrinkle: Section 23(1)(c) allows a foreign woman married to a Nigerian man to register for citizenship, but does not grant the same automatic right to a foreign man married to a Nigerian woman.

This anomaly reflects society’s patriarchal traditions rather than any principle of equality. It stands out as a clear area where constitutional amendment is both necessary and overdue.

Under Nigeria’s Constitution, a mother’s gender does not affect her right to pass on citizenship to her children. Section 25 guarantees equality for all children of Nigerian parents, and Section 42 prohibits any discrimination based on gender.

Any assertion to the contrary arises from ignorance of these clear legal texts. Nigerian mothers living abroad can rest assured: the law fully recognises their equal status as parents in the matter of nationality.