In a recent development that has sparked significant interest and debate, immigration lawyer Olubusayo Fasidi took the stand before the Lagos State Election Petition Tribunal.

Led in evidence by Olumide Ayeni, counsel to Gbadebo Rhodes-Vivour, the governorship candidate of the Labour Party in the last election, Fasidi made some intriguing claims about the naturalization process and dual citizenship status of Lagos Deputy Governor Obafemi Hamzat. This article delves into the testimonies, the constitutional implications, and the potential impact on the election outcome.

Unveiling the Testimonies

During her appearance before the tribunal, Fasidi revealed that Hamzat had applied for naturalization in the United States using forms 8CFR/337 and N400.

She further alleged that he had taken an oath of allegiance in the U.S., effectively renouncing his Nigerian citizenship. However, the tendered documents faced objections from the counsels representing the respondents, with their specific reasons to be outlined in their final written addresses.

The Complexity of Dual Citizenship

Under cross-examination by Eric Ogiegor, counsel to the Independent National Electoral Commission (INEC), Fasidi acknowledged the possibility of enjoying dual citizenship. Notably, she stated that her expertise was in U.S. law and not Nigeria’s constitution, making it clear that her role was to shed light on the American legal framework. The precise provisions of Nigeria’s 1999 constitution concerning dual citizenship were beyond her purview.

Responding to the Counsel

Bode Olanipekun, the counsel representing Hamzat and Babajide Sanwo-Olu, requested Fasidi to disclose the jurisdiction and date of Hamzat’s naturalization application. The immigration lawyer declined, citing the protection provided by the Privacy Act of 1974.

Norris Quakers, counsel to the All Progressives Congress (APC), queried Fasidi about whether Hamzat had disclosed his American citizenship, to which she responded affirmatively. Quakers then contended that the witness primarily addressed legal issues rather than factual matters.

The Tribunal’s Ruling

While admitting the tendered documents, the tribunal, headed by Judge Arum Ashom, instructed the respondents’ counsels to include their objections in their final written addresses. The case was subsequently adjourned to June 26 for the continuation of the hearing.

Examining the Constitutional Provisions

The pertinent sections of Nigeria’s 1999 constitution shed light on the issue of renunciation and dual citizenship. Section 182(1) stipulates that a person shall be disqualified from running for the office of Governor if they have voluntarily acquired citizenship of another country, except in cases prescribed by the National Assembly or if they have made a declaration of allegiance to such country.

Section 187(2) extends these provisions to the office of Deputy Governor. Section 28(1) states that a person will forfeit their Nigerian citizenship if, as a non-citizen by birth, they acquire or retain citizenship of another country. Additionally, Section 28(2) mandates effective renunciation of foreign citizenship within a maximum of five months from the date of registration or naturalization.

Concluding Thoughts

The testimony of immigration lawyer Olubusayo Fasidi before the Lagos State Election Petition Tribunal has added a new layer of complexity to the controversy surrounding Deputy Governor Obafemi Hamzat’s citizenship status. As the case unfolds, it remains to be seen how these revelations will impact the election outcome and the political landscape of Lagos. With the constitutional provisions regarding renunciation and dual citizenship as a backdrop, the tribunal’s final ruling will carry significant weight in determining the validity of Hamzat’s candidacy.