Afterwards, it was reported in the media that the newly wedded wife of Governor OSHIOMOLE’S performed first lady role barely 24 hrs post wedding.
She performed the role on saturday when she presented trophies and medals to winners at the Okpekpe Road Race in the company of her husband Governor Oshiomole.
This triggered our media team to ascertain the processes a foreigner must undergo before becoming a citizen in order to be allowed to work in Nigeria in the capacity of a First Lady.
Renaissance Reporters Contacted Barrister China Onyeabo, and she questioned the legality for a non citizen to perform the duty of Edo State first Lady.
Barrister China Onyeabo explained further below:
“At a time when we are embedded in a controversy about whether a man produced biologically by a Nigerian is infact a Nigerian even when the constitution declares that such a person is a Nigerian, I had to ask
Is Oshomohle’s wife a Nigerian because she married him?
If not, why is she already acting like a First Lady? Acting like the First Lady means that she will be paid the salary of an Edo State First Lady and get allocations for that office despite the fact that she is not a Nigerian……..yet.
Does she have a work permit to work in NIGERIA? If not, is it legally right for her to work in NIGERIA like she is already doing without such permit?
In addition, she expressed concern why Elected Executives hardly follow the constitution.
“The Nigerian constitution under Chapter III approves different forms of citizenship-birth, marriage, naturalization”. This she went further to breakdown as followers:
“Let us examine the kinds of citizenship acceptable under the constitution
Chapter III
Citizenship
25. (1) The following persons are citizens 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 indigenous to Nigeria;
Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.
(b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and
(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria.
(2) In this section, “the date of independence” means the 1st day of October 1960.
From the above, clearly, Oshomohle’s wife is not a Nigerian citizen. The next form of citizenship approved by the constitution which would have legalized the new role of Oshomohle’s wife as a Nigerian citizen is the citizenship by marriage/ registeration. However, it is not automatic in the sense that getting married to a Nigerian does not suffice. There are more.
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 above section should be read together with section 28 sub 2.
Section S.28(2) provides that:
(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of naturalisation to a person who is a citizen of a country other than Nigeria at the time of such registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than five months from the date of such registration or grant.
From the foregoing, Oshomohle’s wife is expected to
1. Marry Oshomohle (which she has done)
2. Renounce her citizenship of Cape Verde or Ethiopia (whichever is the case) within 5 months
3. Take the oath of allegiance under schedule VII of the constitution
4. Get registered
Has she done the above before proceeding to assume the position of the First Lady of Edo state by presenting the Okpekpe trophy to the winners in the manner a Nigerian First Lady would do? Even though we do not know what Edo State would likely do in the coming month in terms of allocation to the office of the First Lady, it is pertinent for everyone and especially Oshomohle and Edo State law makers to note that his wife is not yet a Nigerian so as to take benefit accruing to Nigerians.
She further stated;
“It’s nothing personal. Just upholding the Nigerian Constitution which we are all expected to uphold and defend. It is my view that Oshomohle’s wife should forthwith desist from any act which she would ordinarily do as a Nigerian First Lady pending when the other three conditions prescribed by the constitution are met. She is expected not to do more than attend functions with her husband until those conditions are met”.
source: Renaissance Reporters.
abeggi!!!is it because she married a prominent person that you now recalled the constitution? how many people living in Nigeria that are not having papers or are even close to being called Nigerians who flood our streets going about their every day biz?
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