Badenoch, a prominent British cabinet member and current Conservative Party leader in the House of Commons, recently stated during an interview that she could not pass on Nigerian citizenship to her children “because [she’s] a woman.” She went further to describe acquiring Nigerian citizenship as “virtually impossible.”
Falana, however, firmly dismissed the claims, describing them as misleading and legally inaccurate. In a statement issued on Monday, he clarified that Badenoch’s children, by virtue of her Nigerian citizenship, are themselves Nigerians—regardless of where they were born or her gender.
“Contrary to Kemi Badenoch’s misleading claim, her children are Nigerians because she is a Nigerian,” Falana said, citing Section 25(b) and (c) of the 1999 Constitution (as amended), which provides that individuals born outside Nigeria to either a Nigerian father or mother are citizens by birth.
He further referenced Section 42(2) of the Constitution, which prohibits discrimination based on gender, birth status, or other social classifications. “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth, gender, political opinion or class,” he said, reinforcing that citizenship transmission rights are not gender-exclusive.
According to Falana, Badenoch’s two children are entitled to dual citizenship, holding both Nigerian and British nationalities. He noted that the option to renounce their Nigerian citizenship is open to them once they reach adulthood, as provided for under Section 29 of the Constitution.
Addressing the broader claim that acquiring Nigerian citizenship is nearly impossible, Falana again pointed to the law, this time to Sections 26 and 27 of the Constitution. These sections provide pathways for non-Nigerians to become citizens either by registration or naturalisation, provided certain legal and residency requirements are met.
Nonetheless, the human rights advocate acknowledged existing inequalities within the law. He noted that while a foreign woman married to a Nigerian man qualifies for citizenship by registration, the same does not currently apply to a foreign man married to a Nigerian woman.
“This is one of the areas where the Constitution still reflects patriarchal bias and requires reform,” Falana admitted.
In closing, Falana suggested that Badenoch’s remarks may have been politically motivated, possibly aimed at appealing to British voters. He warned, however, that such narratives risk misrepresenting and maligning her country of origin.
“It is unfortunate that someone of Nigerian descent, now in a position of influence, would perpetuate such misinformation about Nigerian laws—especially when those laws uphold the very equality she suggests does not exist,” he stated.
The exchange has sparked conversation on the responsibilities of diaspora figures in speaking accurately about their countries of origin, particularly when doing so on prominent global platforms.