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What is now needed to proceed with the new class-action suitare at least twelve (12) Dias...Read the full article.

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I did register to vote in the coming April election in Nigeria and am totally in support of the suit, but I would like to have more information as regards the details of the suit.

Prof. Aluko knows how to reach me and as soon as I receive further brief on the suit I will forward all the necessary info.

This is worthwhile.

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bababoyz:

Nothing about the suit more than what we have provided.

The simple argument is that we remain citizens of Nigeria even when abroad, and hence have the right to vote.

The lawyers will provide the proper legalese.

The gray area about the lawsuit has to do with financial responsibilities connected with the suit. Surely there will be ADMINISTRATIVE fees for filing the suit, etc., but we do expect HUGE discounts :-)

You have to be SPECIFIC about what you wish to know about the suit. Nothing has been filed yet until we get demonstrable support from the Diaspora. People are wont to support an issue VAGUELY, but when names, addresses and serial numbers are asked for, they start running for the toilet ! :-)

Aaargghhh !


Bolaji Aluko
Having a belly laugh

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Prof Aluko, please for God sake.. forget this law suit because it is not fair to Nigerian for this election to take place.. It is an issue of Godliness.. and the fear of God.. we are not prepared for an election.. Let wait till 1st of october 2007..

Look if Iwu claim 1.7 million people were registered in Jigawa state, and satellite picture shows that Jigawa state has just less 60,000 houses.. which

Jigiwa state census figure was said to be 4.3 million . if you divided 4,300,000 by 60,000 .. each house would have 71 people... which is not possible... even using kano city 33 people per house.. the maximum population Jigawa state can be is 1.9 million.. but prof Iwu claim Jigawa state voter register is 1.7 million people... So everybody in Jigwa state can vote habi... If Iwu can not get the register voter figure in Jigawa state right , how can he get the people abroad voter register..

It us be reasonable..
prof, I did record this for president, bode george, adedibu,tinubu, akande and others..and even for you prof aluko, listen to it and ponder about it, God bless you. http://nigeria.jumpingcrab.com/obasanjo.mp3

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This is one of the best to come out of NVS. You have my full support though I did not register to vote in Naija. Nevertheless I support the action and one of you shall have my detail.

Nigerian elites are not persuaded by this arguement of false population figures, or whatever, to postpone the election dates. Not even the arguement the of INEC Umeadi man yesterday. We are aware from the word go that this is their plan. They want to create so much confusion so as to make the election impossible and they have their agents outside,even on NVS, to persuade us. PLEASE BEWARE.

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...why this belated class action suit...where is the logic..what's precisely the ulterior motive...who's fooling who here...nawa for naija!:confused1 :confused1 :confused1

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=ithinkbetter;164421>...why this belated class action suit...where is the logic..what's precisely the ulterior motive...who's fooling who here...nawa for naija!:confused1 :confused1 :confused1

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ithinkbetter, u are really thinking better. While the letter of the class action suit is good, the timing is way too late. If this issue should have come up at all, it should have while voters registrations were being planned or were going on.

April starts in 2 days time. This case, if it is successful, may just end up as one more excuse for the elections to be delayed with all its consequences i.e. interim govt, Baba in power afetr May 29 etc. If a delay of the election is the intent of those behind this suit, then me I am completely against it.

What we in the Diaspora need to do is to use the time between 2007 and 2011 to campaign , lobby,sue or use every means in our power to ensure that we can register abroad through our embassies and then vote in subsequent elections.

However, if we are to claim the right to vote, we'll have to show proof that we deserve that right through our actions. Nigerian tax-payers money subsidsed our education all our lives and now we pay our taxes to Mama Charlie, Uncle Sam and whichever the government it is where we are currently based.

If we can't show our contribution to the development of Naija, do we really deserve the right to elect her leaders- FOOD FOR THOUGHT!!!

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If Nigeria cannot conduct elections with people physically present without concocting numbers, what chance do we have when the potential voters are thousands of miles away. Voting by post, or via some internet site or any other absentia method would simple open a whole new avenue for "arranging" the electorate. When the current electoral process becomes free and fair, then I can envision the wisdom behind the addition of diaspora votes. Until then, please don't give room for headlines like "20 MILLION NIGERIAN VOTERS IN SMALLVILLE KENTUCKY VOTED FOR ALHAJI YESYES TO SWING THE VICTORY"

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Nigerian polls may be postponed

Presidential elections in Nigeria on 21 April may be postponed after the death of a candidate.
The Alliance for Democracy's Adebayo Adeferati - seen as an outside - was 79 years old and the former governor of Ondo State.

According to Nigeria's electoral act, elections are to be delayed "until a convenient date" if a candidate dies after nomination papers are delivered.

President Olusegun Obasanjo is due to step down after two terms in office.

Mr Adeferati has been sick and died in hospital in Ondo State.

He was governor of Ondo State from 1999 to 2003, but lost a re-election bid in the April 2003 elections.

He was then nominated by his party as presidential candidate for Nigeria's forthcoming elections.

Section 37 (1) of Nigeria's Electoral Act 2006 states that: "If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election."

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Dear All,

I have no problems with personal views of individuals, even if it sounds pessimistic. One thing is clear, the efforts of Prof Aluko and other initiators of this “Class Action” is eternally commendable, not only for us and our countless children (born and unborn) but also for the present and future of Nigeria. Speaking legally and frankly, the issue is more than the ordinary. Recall that similar steps were taken by the duo of Dr. Ola Kassim and Dr. Olojugba at the (abortive) Constitutional conference. The diaspora remains one potent and irresistible (progressive) force to shape things towards bringing about the positive changes we wish to see happen in our dear country. In case anyone is in doubt, the legal opinion below was written for some interests to bring to the fore the legal issues involved and its implications. We should have the right and political say in the country. Even if we do not use it, it may be crucial to unborn and future Nigerians in the Diaspora. This is what I’m trying to say and why I think this singular effort is commendable and worthy of full embracement:
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Legal Opinion on Dual Citizenship and Elective Offices under the 1999 Constitution of Nigeria

Upon careful examination of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 , it is the considered opinion of this document that:

a) Citizenship in General
1) There is nothing in the CFRN that precludes Nigerian citizens by birth (as against those by registration and naturalization) from holding dual citizenship (“dual citizenship” meaning Nigerian citizenship and that of any other country) while seeking elective office(s).
2) The position of the CFRN is stated in Chapter III on Citizenship.
3) Sections 25-28 of the chapter deals with three classes of citizenship (birth, registration and naturalization).
4) Section 25 (1) (a-c) deals with citizenship by birth. It confers Nigerian citizenship on any person born by Nigerian parent(s) (that is of which either father or mother is a Nigerian); including those borne by any of such parent(s) of Nigerian citizenship outside the country.
5) Section 26 deals generally with citizenship by registration, while section 27 deals with citizenship by naturalization in general.
6) Section 28 deals with the issue dual citizenship and forfeiture of citizenship. It provides:
“Section 28 (1):
subject to other provisions of this section, a person shall forfeit forthwith his citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship of or nationality of a country, other that Nigeria, of which he is not a citizen by birth.


b) Political Offices and Disqualifications:
7) A number of provisions are contained in the CFRN 1999 on disqualifications from seeking elective offices on ground of citizenship.
8) Section 66 provides for disqualification from seeking election into the National Assembly (House of Reps and Senate); section 107 deals with similar situation as to House of Assembly; section 137 for President and section 182 for Governors.
9) The wordings of the sections are the same with variations as to offices (e.g. President, National Assembly, House of Assembly, or Governor). For this purpose, the relevant provisions as to the National Assembly are adopted as a guide, for purposes of legally analyzing the content of this legal opinion.
10) It provides:
“Section 66 (1) No person shall be qualified for election to the Senate or the House of Representatives if-
a) subject to section 28 of this Constitution he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

The above sections are highlighted and underlined for legal reasons. When a legal provision starts with “subject” or related clauses, it means that the section is read subject (in tandem) with the section indicated.

For purposes of this opinion, it is clear from the above provisions that sections 66(1); 107 (1); 137 (1); and 182 (1) as they relate to offices of National Assembly, State House of Assembly, President, and Governor respectively are subject to the provisions of section 28 of the CFRN 1999.

As earlier indicated, section 28 states clearly that dual citizenship is allowable where one qualifies as a Nigerian by Birth as contained (above) in section 25 (1) (a-c). The only instance in which forfeiture of citizenship is allowed under the CFRN 1999 is by holders of: i) citizenship by registration under section 26; and ii) citizenship by naturalization, under section 27.


Conclusion:
Based on the above analyses, it is my considered opinion that a Nigerian by BIRTH can retain, and maintain dual citizenship for purposes of seeking any elective office(s) in Nigeria till date, subject to any amendment to the Constitution or any new law passed by the National Assembly to the contrary as contained in the above provisions.

Dated this 26th day of February 2006

Singed
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