It is not a new thing to hear about stories of Nigerians being deported from other countries for various reasons. It could be as a result of committing a crime, or violation of immigration laws. It could also be for other reasons depending on the country where one is being deported from.
In this article, we would examine if it is possible for a Nigerian to be deported from Nigeria, and the circumstances in which such can happen.
The Black’s Law Dictionary defines deportation as the act or an instance of removing a person to another country; especially the transfer of an alien from a country.
“Deport” is also defined under Part 42 of the Administration of Criminal Justice Act to mean the legal expulsion or removal from Nigeria of a person not being its citizen to his country.
Who is termed as a citizen of Nigeria?
Section 25 of the Nigerian Constitution defines a Nigerian as:
i. A person born in Nigeria, or whose parents or grandparents are citizens of Nigeria
ii. A person born outside Nigeria either of whose parents is a Nigerian
iii. A person born in Nigeria after 1st October 1960 one of whose grandparents is a Nigerian.
In addition , Section 26 and 27 of the Nigerian Constitution classifies people who by virtue of registration and naturalization became citizens of Nigeria.
According to Section 41 of the Constitution, a citizen of Nigeria cannot be deported from Nigeria. However, a person who is a citizen of Nigeria may be deported from one part of Nigeria to another.
Section 45 of the Constitution gives two instances where a person can be moved from one part of Nigeria to another. They are:
a. In the interest of defence, public safety, public order, public morality or public health.
b. For the purpose of protecting the rights and freedom of other persons.
Where a person is seen to have done any act that contravenes the provisions of this section, his freedom of movement would be restricted.