FEATURE ARTICLE

Temple Chima UbochiWednesday, September 14, 2011
[email protected]
Bonn, Germany

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THE EMBASSY OF NIGERIA IN GERMANY AND THE UNLAWFUL LOSS OF NIGERIAN NATIONALITY BY MANY COMPARTRIOTS:
AN OPEN LETTER TO PRESIDENT GOODLUCK JONATHAN (3)

Indifference, to me, is the epitome of evil (Elie Wiesel)

The accomplice to the crime of corruption is frequently our own indifference (Bess Myerson)

The sensitivity of men to small matters, and their indifference to great ones, indicates a strange inversion (Blaise Pascal)

A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for the injury (John Stuart Mill)

Life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves (Earl Warren)

Until now we cannot get on with the task of disputing the illegality of the trial or any charge because no official document has been presented so far. It's our right to see the charges (Abdel Haq Alani)

Not the torturer will scare me, nor the body's final fall, nor the barrels of death's rifles, nor the shadows on the wall, nor the night when to the ground the last dim star of pain, is hurled but the blind indifference of a merciless, unfeeling world (Roger Waters)

Continued from Part 2


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r. President, the point here is that the Embassy of Nigeria in Germany was acting wrongly by issuing Renunciation Letter to Nigerians who were asked by the German local Authorities to renounce their Nigerian Citizenship before getting a German Passport. The Nigerian Embassy in Germany was issuing Nigerian citizens by Birth such document (Renunciation of Citizenship) for a fee. That was a grave “ERROR” on the part of the Nigerian Embassy Officials who failed, by omission or commission, to uphold the provisions of the Nigerian Law concerning the renunciation of Nigerian Citizenship. The Embassy of Nigeria in Germany couldn’t have relied on the 1999 Constitution of Nigeria, Chapter 3. Section 29, to issue any “Renunciation Letter”, for apart from being Nigerian Citizens by Birth, the tedious and rigorous processes envisaged in subsections [1][2][3][4] are all geared towards making renunciation of citizenship a ‘mission impossible’.

Even if a Nigerian wants to renounce his Citizenship on voluntarily basis, the stipulation and the rigorous processes as in the Nigerian Law (Chapter 3, paragraph 29 subsections1-3), must be strictly observed. A legally binding Renunciation Paper shall pass through all the processes and can only become valid after the Nigerian President has caused it to be registered and gazetted. Therefore the issuance of renunciation letter to Nigerians by birth, who are residing in Germany, without exhausting all the processes involved, was contrary to the provisions of the Nigerian Law (Chapter 3, paragraph 28 (1) and 29 (1-3)), and no matter how such Letter was framed, it cannot be recognised before the Nigerian Law.

On the German side, the issue (denying some Nigerians in Germany dual citizenship) can be overlooked, because, Germans are in the habit of shortchanging foreigners who don’t “know their left or right” when it comes to German law. The Germans exploit a foreigner’s ignorance (mostly due to language barriers) to deny the person his or her rights. Obviously, the German authorities knew that it was unlawful for a Nigerian to denounce his or her citizenship, but, continued demanding for the renunciation letters since the Embassy of Nigeria in Germany continued issuing them to ignorant Nigerians.

The Germans knew what they were doing, because, till tomorrow, they’re not happy seeing blacks taking up their nationality, but, can’t stop it. All they can do is to frustrate the applicants. Usually a Nigerian who gets a Letter from the German Local Naturalization Offices would approach the Nigerian Embassy requesting the Embassy to issue him/her with a document to the effect that he/she has renounced his/her Nigerian citizenship. But he/she is not expected to do so by the Nigerian Constitution, if he/she is a Nigerian citizen by birth. The German local authorities are aware of the `German Government Waivers` which ensure Dual citizenship for Nigerians (two passports), but, ask them today, they probably would say that it wasn’t their duty to point out the rules, if the applicant is ignorant about them. The German Federal Government, having studied the 1999 Constitution of Nigeria, came to the conclusion that the Nigerian Law actually does not recognise any kind of Renunciation of Citizenship by Nigerians by Birth as they (German local authorities) were demanding, and that even if they have the “Release or Renunciation Letter” that such release letter have no meaning before the Nigerian Law. Based on this reason, Nigerian Citizens seeking German Passport can do so without having to renounce their Nigerian Citizenship. The German Interior Ministry listed Nigeria among the 24 Countries whose Citizens are allowed to acquire German Citizenship while retaining their original Citizenship. The German law on the `Acceptance of Double Nationality` states: “Due to the citizenship legal practice in the following countries, is renunciation of citizenship not possible. Here naturalization under the acceptance of Dual Nationality should apply. These countries include: Afghanistan , Algeria , Angola , Eritrea , Iraq , Iran , Cuba , Lebanon , Morocco , NIGERIA , Syria , Togo , and Tunisia”.

Why then did some local German Aliens and Naturalisation Offices still ask Nigerians to renounce their Citizenship? In Germany, the states or regions are quasi-autonomous and can enact laws different from one another, but, still, the Immigration and Naturalization Laws are made by the German National Assembly and Federal Laws supersede any other Laws or Acts made by States or Local Governments. If any German local Authority interprets the Naturalization Law differently, then the Embassy of Nigeria in Germany and the person involved should point it out to the said German local authority that the federal law on that issue supersedes its own. The general rule in the German Aliens and Citizenship Acts is that “A Foreigner, who has his habitual residence in the country legally for eight years, should on application be naturalized, if he loses or renounces his present nationality. Based on this general rule, some local German Aliens and Naturalisation Offices were asking Nigerians to renounce their Citizenship before naturalisation in order to avoid having “Dual Citizenship”. But those local German offices overlooked the sub-sections and exceptions in the Laws which enable Nigerians to be granted Dual Citizenship. The fact was that despite the Waiver for Nigerians, the German Local Authorities which demanded Renunciation Letter, on being confronted with what the Nigerian and German laws say on this issue, insisted on having “official Document” from the Nigerian Authority (Embassy). They (German local officials) were aware of the Waiver for Nigerians, but, were also aware and had in their files renunciation letters issued by the Embassy of Nigeria in Germany in the past. For the German local authorities, since the Embassy of Nigeria in Germany never raised an eyebrow at it (the illegality), it continued.

The Embassy of Nigeria in Germany knew that it was perpetuating illegality, but, went on doing so because of the “Renunciation Fee (500 Euro)” it was collecting from Nigerians. So the Embassy put its economic interest above the Nigerian constitution and above the wellbeing and interests of Nigerians in Germany. The dumb excuse the Embassy started giving lately, was that “it thought it was doing a favour to Nigerians by issuing them with renunciation letter, so as to prevent the German authorities from deporting a Nigerian whenever such a person runs foul of the German law”. What an excuse? This is an Embassy that’s collecting money from the German authorities to aid the deportation of some Nigerians who failed to regularise their stay, saying that it issued renunciation letter to Nigerians as a favour in order to prevent the deportation of the few bad eggs amongst them, whenever they break the German law. The truth was that some Nigerians selling drugs and committing all sorts of financial crime, monetarily induced the Embassy in the late 90s to start issuing the renunciation letter so that the German authorities will not see any country where to deport any of them when caught selling drugs or committing other serious crimes. Then with time, the Embassy of Nigeria in Germany made this illegality the norm because of money thereby shortchanging Nigerians whose interests it’s supposed to protect, and then demeaned the Nigerian constitution it’s supposed to uphold. This column leaves the prerogative to you, the President of Nigeria, to decide whether previous Ambassadors and senior staff of the Embassy of Nigeria in Germany, right from the late 90s till date, should be prosecuted for perpetuating illegality for financial gain. There could be a need for the Presidency to set up an inquiry to look into how an illegality was perpetuated by the Embassy of Nigeria in Germany for more than ten years, because, that led to the molestation, humiliation, dehumanization and even death of some Nigerians. By the act, the Embassy of Nigeria in Germany helped diminished Nigeria and its people in the eyes of the Germans.

The Embassy of Nigeria in Germany and the German local authorities have stopped the illegality they were perpetuating, but, the crux of this letter/article is how can those who were forced to “surrender” their Nigerian Passport and nationality be succored? The concerned Nigerians, in their letter to the Embassy of Nigeria in Germany, concerned Nigerians in Germany also raised the matter that “there are many Nigerian citizens in Germany who were forced to give up their Nigerian Passport before they were granted German Citizenship in the past and formally requested the assistance of the Embassy of Nigeria in Germany in helping those Nigerians who “surrendered their Nigerian Passport” to reclaim them officially. Of course, this has to be done with the co-operation of the German local Authorities. The concerned Nigerians, in their letter to the Embassy of Nigeria in Germany, made an indisputable point when they wrote that “the issue of reclaiming Nigerian Passport is about Cultural Identity. No matter how long a Nigerian lives in Germany, no matter his credentials and profession, no matter how integrated he is, no matter how good he speaks the Language - because of his skin colour he shall always be referred to as a Nigerian / African by the Germans. First, we are Nigerians and Africans before we became Germans, so like in UK and US, we may be called Nigerian – Germans. Double Passport entitles one to double privileges, so those thinking about forfeiting their Nigerian Passports shall think twice”.

Your Excellency, at a time like this, when many Nigerians were deceived into surrendering their Nigerian passport when the law says otherwise, this column is calling on you, the President, the Foreign and the Internal Affairs Ministers respectively, to find a way of helping the affected Nigerians in Germany regain their Nigerian nationality and passport. This column is pleading with you, Mr. President, to send the foreign minister to Germany to liaise with the German government in order to work out the modalities of restoring the Nigerian citizenship on all Nigerians who were “de-Nigerianized” when they took the German nationality.

Mr. President, while the diplomatic process to redress this illegality is in progress, this column is asking the presidency, the ministries of foreign and internal affairs to find a way of temporarily accommodating Nigerians with only German passport (pending when a lasting solution to this problem that will result in their regaining of their Nigerian passport, is found) by either temporarily halting the current visa procedures for Nigerians with German Passport or allowing Nigerians with German passport to come home without visa only to be stamped on point of entry. A wise government would always find a way to make life easier for the citizens and there's no doubt that this administration has the intention of taking care of anything perturbing Nigerians. Giving Nigerians in Germany the opportunity to come home whenever they want by “re-Nigerianizing” (word is mine) those who were unlawfully “de-Nigerianized” or allowing Nigerians in Germany to get their visa at the point of entry in Nigeria, would make it possible for many Nigerians to be coming home always; it would make many Nigerians in Germany to be bringing whatever they made in Germany home in order to save it, by themselves, for the “rainy days”, because, no matter what, many of us would return home one day; it would make it possible for those Nigerians in Germany, with the wherewithal, to establish small scale industries or businesses which would employ some Nigerians, since it would be possible for the would-be-entrepreneurs to be travelling home regularly to supervise their business. Seeking visa before travelling to their fatherland is keeping many Nigerians in Germany and their potential investments away from Nigeria. Many Nigerians in Germany are now afraid to invest in Nigeria without their personal supervision, after investing before and handing the business over to their relatives or friends only to hear that the business packed up due to mismanagement or embezzlement. Giving Nigerians in Germany the opportunity of going home without having to go through the stringent visa procedures, would give would-be-entrepreneurs amongst them the chance to “do it themselves”! Most of all, it would make it possible for those Nigerians who have children born in Germany to be taking them home regularly and by that way, many little Nigerians who may be lost to foreign culture, would be saved for Nigeria and the Nigerian parents would not waste all the time, money, energy and determination to raise children who they’re not sure will ever see Nigeria as a homeland. Because, through constant exposure, these children would come to love Nigeria and will be craving to go back there every time, because, Nigerian society offers them what the German society doesn’t have: the sun, environment and the love Nigerians can shower on these children whenever they visit (these can only be a dream in Germany), but, these kids would never appreciate all these unless they visit regularly.

Mr. President, in addition to helping Nigerians who were “de-Nigerianized” to be “re-Nigerianized” (get back their Nigerian passport), there are some other issues many Nigerians have raised against the Embassy of Nigeria in Germany and it would be good for you to know about them, so that they can also be taken care of.

*Many Nigerians have been singled out for racial profiling or discrimination. Many innocent Nigerians have been harassed, intimidated, dehumanized or killed by the German Police. Infact many Nigerians are languishing in German prisons for offence they may or may not have committed. But the Embassy of Nigeria in Germany does little or nothing in order to ascertain if some of those Nigerians are innocent of the crime of which they stand accused, and in that case offer any help, legal or otherwise, or take up such cases in order to get the innocent Nigerians out of jail. The Embassy of Nigeria in Germany is only obsessed with its financial wellbeing, and not with the interests of Nigerians in Germany. When confronted, the Embassy’s reply used to be that “it didn’t send anybody to commit crime or that it didn’t bring anybody to Germany or why can’t Nigerians stay away from trouble or that there’s nothing the Embassy can do about it” thereby passing a guilty verdict on every Nigerian having legal trouble without first of all investigating if the accused is guilty as accused. The Embassy of Nigeria in Germany doesn’t care a hoot when many Nigerian detainees in Germany, who may be innocent, are held without charge or trial and are highly vulnerable to torture and abuse. According to Bill McCollum “a trial without witnesses, when it involves a criminal accusation, a criminal matter, is not a true trial”. The Embassy of Nigeria in Germany does aid the German authorities in humiliating Nigerians as stories abound on how the embassy collected money from the German authorities and then issued the documents with which some Nigerians were deported. It was alleged that Embassy of Nigeria in Germany collects €500, from the German authorities, for every Nigerian it helped to deport.

The concluding part to be out very soon!

TIT BITS

*This is an example of what some Nigerians are going through in Germany and the kinds of excuse the Embassy of Nigeria in Germany are putting up:

https://odili.net/news/source/2011/jul/17/508.html

*The Punch of Tuesday, September 6, 2011 wrote about Nigerians imprisoned abroad:

“International Relations experts on Monday (Sept. 5) urged the Federal Government to urgently intensify efforts at ensuring the protection of Nigerians in different parts of the world.

The experts, in an interview with the News Agency of Nigeria, decried the increasing number of Nigerians in foreign prisons, adding that the situation was "unhealthy" for the country's image.

The experts further said government should endeavour to set up websites, radio and television programmes to enlighten Nigerians travelling abroad.

The Director of Research at the Nigerian Institute of International Affairs, Prof. Ogaba Oche, said that closer relationship between Nigerians and their missions, would reduce the ugly trend.

"That we have many Nigerians languishing in foreign prisons does not portend a good image for this country. It shows that Nigerians are economic immigrants to a large extent.

"We need to give ourselves adequate advisory like the United States Government does to American citizens abroad," he said”.

THE THANX IS ALL YOURS!!!

Continued from:

Part 2: https://nigeriaworld.com/feature/publication/ubochi/091011.html

Part 1: https://nigeriaworld.com/feature/publication/ubochi/0900811.html (all errors here are mine, please overlook them)

Acknowledgement:

Excerpts from the letter of Concerned Nigerians Germany to the Embassy of Nigeria in Germany

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