Date: April 5, 2025
Subject: Urgent Call for Constitutional Reform to Eliminate Gender Bias in Section 26 of the 1999 Constitution
Your Excellency,
Senator Godswill Obot Akpabio
President of the Senate
Federal Republic of Nigeria
Through:
Distinguished Senator Cyril Fasuyi
Senator Representing Ekiti North Senatorial District
National Assembly Complex
Abuja, FCT, Nigeria
Your Excellency,
I am writing this open letter, with the utmost respect and through my representative, Senator Cyril Fasuyi, to draw urgent attention to a matter of constitutional injustice that affects many Nigerian families, particularly women.
Section 26(2)(a) of the Constitution of the Federal Republic of Nigeria (1999, as amended) permits the conferment of Nigerian citizenship by registration to a foreign woman married to a Nigerian man. However, the same constitutional provision fails to extend this right to foreign men married to Nigerian women — an omission that institutionalizes gender inequality.
This provision does not reflect modern democratic values nor the reality of Nigerian families in a global society. It is a vestige of outdated patriarchal assumptions, suggesting that only Nigerian men can pass on citizenship rights to a spouse.
Why This Reform Is Critical
• It violates the principle of equality before the law as enshrined in Section 42 of the same Constitution.
• It diminishes the rights and dignity of Nigerian women, placing their marriages and families at a disadvantage.
• It is inconsistent with Nigeria’s international obligations, particularly under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights.
• It causes significant legal, emotional, and logistical burdens on families where Nigerian women marry non-Nigerian men committed to living, working, and contributing to Nigeria.
Proposed Amendment
To correct this injustice, I respectfully propose an amendment to Section 26(2)(a) to state:
“Any person who is or has been married to a citizen of Nigeria.”
This inclusive, gender-neutral wording would uphold the values of fairness, non-discrimination, and national unity — and ensure that citizenship rights are not based on the gender of a Nigerian spouse.
A Call to Action
I appeal to the leadership of the 10th Senate to prioritize this amendment during any upcoming constitutional review process. I equally urge every senator, regardless of political or regional affiliation, to support this effort to end legal discrimination against Nigerian women and their families.
Let this Senate be remembered as one that stood for justice and equity — the one that took decisive action to eliminate gender-based injustice from our foundational laws.
Yours faithfully,
Oluwatosin Paul Jegede
Constituent, Ekiti North Senatorial District
Email: jegedeoluwatosin10@gmail.com
Tel: 07035209557