Just In: Tension Over Deputy Governor’s Eligibility As Lagos Guber Tribunal Moves To Appeal Court

• The Lagos State election tribunal has officially entered another legal battle at the appellate court in Abuja
• The next phase of the legal battle focuses on the eligibility of Dr Hamzat Obafemi, the Lagos State deputy governor
• The appellant has questioned his nationality with a petition that alleged that he has dual citizenship

An emerging report has confirmed that the ongoing election petition in Lagos is currently focused on Deputy Governor Dr Obafemi Hamzat's eligibility, sparking a significant debate about the complexities of citizenship, the oath of allegiance, and their impact on political candidacy.

This legal battle revolves around the Rhodes-Vivour petition against Governor Sanwolu, presented by Gbadebo Rhodes Vivour on behalf of the Labour Party.

At the Tribunal, it was argued that Dr Hamzat's participation in the 2023 Governorship election was unconstitutional due to his declaration of allegiance to the United States.

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In response, Hamzat's legal team, both in the courtroom and through the media, contended that the Nigerian constitution does not forbid individuals with dual citizenship from running for the office of Governor.

They emphasized that an oath of allegiance to another country does not negate one's inherent citizenship rights.

Legal experts react over Hamzat's case of nationality

Meanwhile, a constitutional lawyer, Mr Ibrahim Abass, said:

“the crux of the matter isn't merely about citizenship but specifically about what the constitution prescribes for Nigerians who pledge allegiance to another nation.

"To clarify, a child born in the US to Nigerian parents or a Nigerian child adopted by an American citizen enjoys dual citizenship protected by Section 28 of the Nigerian constitution.

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"On the other hand, when an adult voluntarily acquires foreign citizenship through naturalization, they are obliged to declare allegiance.”

Mr Abass added that:

“The oath of allegiance, in this case, renounces allegiance to a foreign entity and pledges loyalty to the United States. The Nigerian constitution's position on the Oath of Allegiance concerning a governor or president is clear.

"Section 182 (1) (a) of the constitution stipulates that "no person shall be qualified for election to the office of the president if he has voluntarily acquired the citizenship of a country other than Nigeria or has made a declaration of allegiance to such other country unless prescribed by the National Assembly."

Speaking to the issue, another lawyer and public affairs commentator, Samuel Ogunyemi, argued that:

“No modern democracy would permit a person with foreign allegiances to oversee its national security or entrust them with the protection of its Constitution and citizens.

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"It is deemed unconstitutional for an individual who has pledged to defend the American Constitution, serve in its military when required, and even take up arms against its enemies to be considered suitable to safeguard Nigeria's national interests and lead its military. It's especially inconceivable when countless patriots are risking their lives daily to defend the same nation and its people.”

Additionally, Mr Ogunyemi pointed out that “expecting someone who has sworn to protect the interests of a foreign country to respect the laws and rights of their birthplace is unrealistic.

He said:

"That is why, in the interest of national security, the constitution strives to ensure that both the President and Governor, as Chief Security Officers, owe their sole allegiance to Nigeria, its states, and its people. In no modern democracy should a foreign asset preside over national security or be relied upon to protect the constitution and its people.”

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He concluded that:

“Ultimately, the Nigerian people, particularly Lagosians, bear the moral responsibility in these situations. It is incumbent upon them to act in accordance with their moral conscience and the long-term interests of their society.

"Just as no kingdom would crown a king whose loyalties lie elsewhere, and no Nigerian court would permit additional marriages for individuals who have vowed fidelity to their spouses. In the same vein, why should a country and its people entrust their national assets and security to those who have pledged to take up arms in defense of another nation's interests?”

Did Hamzat renounce Nigerian citizenship? Details emerge

Meanwhile, Hamzat has dismissed the report in circulation that he renounced his Nigerian citizenship at a point in time.

According to the media office of the deputy governor, what is being circulated that Hamzat renounced his citizenship was misleading and misinformation.

Hamzat was reacting to the claim of a US-based immigration lawyer, Olubusayo Fasidi, that the deputy governor took an oath of allegiance in the US and renounced Nigerian citizenship.

Source: Legit.ng