Human rights lawyer Femi Falana has lambasted UK Conservative Party leader and secretary of state for business and trade, Kemi Badenoch, over her recent claims that she cannot pass on Nigerian citizenship to her children because she is a woman.
Mr Falana described her comments as a reflection of “utter ignorance” of Nigeria’s constitutional provisions, adding that Badenoch’s children are Nigerians by birth, irrespective of where they were born or her gender.
On Monday, he stated that Badenoch’s children are Nigerians by birth, countering her “misleading claim” by affirming, “Her children are Nigerians because she is a Nigerian.”
Mrs Badenoch, in an interview with CNN’s Fareed Zakaria GPS aired on Sunday, had claimed, “I can’t give (Nigerian citizenship) to my children because I’m a woman,” while also describing Nigerian citizenship laws as “virtually impossible.”
But Falana dismissed the claim, referencing Section 25 of the 1999 Nigerian Constitution which states that any child born outside Nigeria is a citizen by birth if either parent is a Nigerian at the time of birth.
“Her assertion…is not in consonance with Section 25(b) and (c),” he stated.
He also cited Section 42(2) of the Constitution, which prohibits discrimination based on gender or circumstances of birth.
“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,” Falana emphasised.
According to him, her children are dual citizens of Nigeria and the United Kingdom.
“It is up to the children to renounce their Nigerian citizenship upon the attainment of full age in accordance with Section 29 of the Nigerian Constitution,” he added.
He also rejected Badenoch’s claim that acquiring Nigerian citizenship is nearly impossible, stating that Sections 26 and 27 of the Constitution clearly provide for foreigners to obtain Nigerian citizenship through registration or naturalisation if certain conditions are met.
He, however, acknowledged that aspects of the law remain gender-biased and require reform.
“A woman who is married to a Nigerian man is qualified for registration as a citizen. But the same right is not accorded to a man who is married to a Nigerian woman because of the patriarchal nature of the society,” he noted.
Falana concluded by accusing the British politician of misrepresenting Nigerian law to appeal to right-wing sentiments in the UK.
“Badenoch’s remarks are an attempt to curry favour with the British electorate at the expense of her country of origin. Such misinformation unfairly maligns Nigeria,” he said.
Badenoch, who was born in the UK to Nigerian parents and returned to Britain at age 16, has been known for her tough stance on immigration.
She is married to Hamish Badenoch, a Northern Irish banker and former conservative councillor, with whom she shares three children.
