Are Nigerians Born on 1st October 1960 Citizens by Birth? A Constitutional Clarification

By P.L Osakwe

■ INTRODUCTION

The question of citizenship is one of the most sensitive issues in any constitutional democracy. In Nigeria, the matter is governed primarily by Chapter III of the 1999 Constitution (as amended). Section 25(1) specifically defines who qualifies as a citizen of Nigeria by birth.

It provides:

“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;
(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.”

At first glance, the language seems to create a gap. Subsection (a) covers those born before independence (that is, before 1st October 1960). Subsection (b) covers those born after independence. The wording does not expressly mention those born on 1st October 1960 itself.

This silence raises a curious interpretive question: are those born on Nigeria’s independence day citizens by birth?

■ The Principle of Liberal Interpretation of Constitutions

The Supreme Court of Nigeria has consistently maintained that constitutional provisions must be given a broad, liberal, and purposive interpretation to give effect to the intention of the framers. In Rabiu v. The State (1980) 8-11 SC 130, the court stressed that the Constitution “is a living document, intended to meet the needs of the Nigerian people” and should not be interpreted in a narrow or technical manner.

Applying this principle, Section 25(1) cannot be read as excluding those born on 1st October 1960. To do so would defeat the very purpose of the section, which is to identify Nigerians by birth.

■ The Effect of Independence on Citizenship

On 1st October 1960, Nigeria attained independence and nationality laws under the 1960 Constitution of the Federation automatically conferred Nigerian citizenship on persons indigenous to Nigeria and their descendants. Thus, anyone born on that day, to parents who were either Nigerians by origin or became citizens at independence, automatically qualified as a Nigerian by birth.

To suggest otherwise would produce absurd results: a child born a few hours before midnight on 30th September 1960 would be Nigerian, while a child born a few hours later on 1st October 1960 would be stateless. Courts are enjoined to avoid such absurdities when interpreting constitutional texts. See A.G. Ondo State v. A.G. Federation (2002) 9 NWLR (Pt.772) 222, where the Supreme Court emphasized that constitutional provisions should not be interpreted in a manner that defeats their purpose or leads to absurd consequences.

■ Fair Hearing and Equality Before the Law.

Section 42 of the Constitution guarantees freedom from discrimination. To exclude Nigerians born on Independence Day from citizenship by birth would create a discriminatory class of “stateless October 1st children,” which is contrary to both the letter and spirit of the Constitution.

■ Conclusion

While Section 25(1) does not expressly mention those born on 1st October 1960, a holistic and purposive interpretation of the Constitution leaves no doubt: they are Nigerians by birth. The combination of the 1960 Constitution’s transitional citizenship provisions, the Supreme Court’s interpretive approach in cases like Rabiu v. The State, and the principle against absurdity make it impossible to conclude otherwise.

Indeed, those born on Nigeria’s independence day are not only Nigerians by law, but they also carry a symbolic identity: their very birthdate is interwoven with the birth of the nation itself.