Prominent human rights advocate and Senior Advocate of Nigeria, Femi Falana, has taken aim at Kemi Badenoch, leader of the United Kingdom’s Conservative Party, over what he described as “misleading and uninformed” comments she recently made regarding Nigerian citizenship laws.
In a statement released on Sunday, Falana criticised Badenoch’s remarks, accusing her of frequently denigrating Nigeria in a bid to curry favour with British voters. He described her assertions as lacking both legal merit and factual grounding, asserting that her position only reflects ignorance about the framework that governs citizenship in Nigeria.
Badenoch, whose parents are Nigerian but who was born in the UK, had claimed in a media interview that she is unable to pass on Nigerian citizenship to her children because she is a woman. She further implied that obtaining Nigerian citizenship is extremely difficult compared to acquiring British nationality.
“There are many people who come to our country, to the UK, who do things that would not be acceptable in their countries,” Badenoch had said. “It’s virtually impossible, for example, to get Nigerian citizenship. I had that citizenship by virtue of my parents. I can’t give it to my children because I’m a woman. Yet loads of Nigerians come to the UK, stay for a relatively brief period of time, acquire British citizenship. We need to stop being naive.”
Reacting to this, Falana insisted that Badenoch’s children are legally Nigerians, citing specific constitutional provisions. According to him, the Nigerian Constitution clearly grants citizenship to individuals born outside the country if either of their parents is a citizen.
“Contrary to Kemi Badenoch’s misleading assertion, her children are Nigerians by law because she is Nigerian,” Falana stated. “Her comment that she cannot transfer her nationality to them due to her gender contradicts the provisions of Section 25(b) and (c) of the 1999 Constitution. The law clearly states that any person born outside Nigeria to Nigerian parents is a citizen.”
He emphasised that Nigeria’s laws prohibit discrimination based on gender or birth circumstances, rendering Badenoch’s statement not only incorrect but also constitutionally offensive.
“Section 42(2) of the Constitution ensures that no Nigerian should suffer any form of disability due to birth circumstances, gender, or political leaning. That means Kemi Badenoch’s children cannot be denied Nigerian citizenship simply because their mother is a woman,” Falana added.
The senior lawyer further clarified that Badenoch’s children, by the provisions of Nigerian law, currently hold dual citizenship.
“Whether she wants them to identify with their Nigerian heritage or not is immaterial,” Falana stressed. “By birth and by law, her children are dual citizens of Nigeria and the United Kingdom. Only they can choose to renounce that Nigerian citizenship when they come of age, as outlined in Section 29 of the Constitution.”
Falana also dismissed Badenoch’s claim that Nigerian citizenship is nearly impossible to obtain, calling it an unfounded generalisation. He pointed to constitutional avenues through which foreigners can legally acquire Nigerian citizenship.
“Her comment that it’s virtually impossible to get Nigerian citizenship is unfounded,” Falana said. “Sections 26 and 27 of the Nigerian Constitution lay out clear processes for acquiring citizenship through either naturalisation or registration, provided certain requirements are met.”
While acknowledging that the country’s citizenship laws are not perfect, Falana said there are areas in urgent need of reform, particularly with respect to gender equality.
“There’s no doubt that our laws need updates in some areas. For example, a foreign woman married to a Nigerian man can easily become a citizen through registration. But a foreign man married to a Nigerian woman does not enjoy the same privilege, which reflects the deeply rooted patriarchal bias in our system,” he explained.
Falana’s comments come as reactions continue to trail Badenoch’s controversial remarks, which have sparked criticism among Nigerians both within the country and across the diaspora.
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