FEATURE ARTICLE

Temple Chima UbochiSaturday, September 10, 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 (1)

Inaction is perhaps the greatest mistake of all (Charles Schumer)

The more illegal a profit, the more tenaciously a man clings to it (Honore de Balzac)

It was an ongoing struggle to say no, I don't want to be a part of the perpetuation of this stereotype (John Amos)

If illegal actions were undertaken, those who did so will be brought to justice (Ronald Reagan)

The (central and local) governments are supposed to find illegality, expose them and take steps against them, and obviously they were goofing off (Tsutomu Takebe)

As chief law enforcement officer, you can't condone illegality and I don't. You also have the humanitarian approach to realize that a lot of these people are here and trying to contribute economically (Mike Beebe)

In this context, I believe it is an imperative for the new President to select and install his team as quickly as possible, and this does not imply that he must or should appoint members of the 'other' party to his Cabinet, which could contribute to inaction and inefficiency (Richard V. Allen)


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r. President, as noted earlier, many Nigerians in Germany have been requesting me to write on this issue for a long time, but, I've been hesitant to write, because, I've been waiting for the appointment and the resumption of duty of a substantive Nigerian Ambassador to Germany because of the important issues involved. But since none is forth coming, there's no need to wait any longer. This column requests you, Mr. President, to give the Ambassador, whenever one is appointed, the "marching orders" to tackle the issues raised in this article. Upfront, this column has to respectfully say this to your face, Mr. President: It's unfortunate that it's taking this administration that long to appoint ambassadors for our foreign missions. Just as it took this administration five weeks to reappoint many former ministers, with no record of any previous performance, as ministers, after promising Nigerians a formidable cabinet made of men and women with best credentials and antecedents! Nigeria has no substantive ambassador to Germany as Mr. Okoye is on acting basis, but, Nigerians in Germany wouldn't mind if you, Mr. President, confirms Mr. Okoye as the substantive ambassador.

This writer haven't met or spoken to Mr. Okoye before, but, some Nigerians said that he has proven himself worthy of that post. He has been trying his best to right the wrongs of the past, but, his power is limited, because, he's not the substantive ambassador. Based on what some Nigerians said, Mr. Okoye will make a good ambassador, if the mantle falls on his shoulders. One thing is that he's on the ground already and knows all the problems bedevilling the embassy including those it (the embassy) created for Nigerians in Germany, so he will be better placed to tackle them than a new person who would need time to settle down in his or her new job before solving the numerous problems which will land on his or her desk. In all and all, this writer and many Nigerians in Germany prefer a career diplomat vis-�-vis a politician-cum-diplomat as the next Nigerian Ambassador to Germany. This column hopes that any person already pencilled down for the Ambassadorial posting to Germany (yes he or she knows about the appointment by now, even though it hasn't been made public) should endeavour to read this article and then discuss the points raised here with you, Mr. President, and the foreign minister before coming to Germany to take up the appointment.

Let's start: Nigerians in Germany are in precarious situation when compared with other Nigerians in other European or North American countries. Because until this year, many Nigerians in Germany were tricked into giving up their Nigerian passport on taking up the German citizenship (they were denied dual citizenship)! Suffice it to say that almost all Nigerians who became German citizens until 2009 have only the German passport, because, the Embassy of Nigeria in Germany, in collaboration with German local authorities, decided to perpetuate illegality. The German passport, that's supposed to be a paper of convenience for Nigerians, has turned into an obstacle or hindrance to the progress, peace of mind and freedom of those (Nigerians) who have it. For a Nigerian with only a German passport to go home, he or she needs a visa to travel to his fatherland and the problem is that the federal government started a complicated visa regime that makes life hard for Nigerians who were stripped of their Nigerian citizenship. As written before, if Nigerians in Germany were allowed dual citizenship earlier like their compatriots in other European and North American countries, nobody would have been short-changed by the new visa procedures as Nigerians with dual citizenship revert to their Nigerian passport whenever they want to travel to Nigeria.

The visa regime of 2007 takes long time as against the old process that lasted only few days. The old process was easy and uncomplicated and all it required was a proof of payment of visa fee through any bank, a letter of invitation and that's all. This column can't still understand why the change and why the government always makes life difficult for the citizens. If the embassies were embezzling visa fees previously, the Nigerian government should have devised another means of plugging the financial leaks rather than subjecting citizens to further hardship. The current visa procedures involve an on-line application that must be approved by the Nigeria Immigration service (NIS) Abuja; an on-line payment of visa fee with only Masters or Visa card; then on approval (of the visa application) by Abuja, the applicant will then send his or her passport and letter of invitation to the relevant Embassy of Nigeria for the visa. That's not all: the problem is that sometimes, the on-line application doesn't go through or the visa or master's card might be rejected and then the application would not be processed leaving the applicant frustrated and dejected. Many Nigerians in Germany complained to me that their application wasn't getting through within the months of May, June and July, and that made many to change their flight date or cancel their journey entirely. Luckily, I learned that the on-line application is working again, but, how long before there's a glitch some where again?

This current visa regime has prevented many Nigerians, who would have loved to travel home on short notice, from doing that. Many Nigerians yearn to travel home, with or without enough money as long as they can afford a ticket, whenever the stress of German life becomes too much for them, in order to go and cool off a bit. But the current rigorous visa procedures put them off each time. Most of all, this visa regime is making it impossible for Nigerians to take their children, who were born in Germany, home regularly, thereby making it impossible for our children born outside our homeland to be in constant touch with our culture. The need for the Nigerian children to be going home regularly and to be in touch with Nigerian culture can't be over-emphasised, or else, we might lose them to western way of life (McDonald's and rap culture). McDonald's is one of the first audible words some of these children say whenever they start talking (for the first time). These children are acquiring German education, many would become professionals in different fields, but, a future and better Nigeria we are envisaging, may need them more or offer them more. Germany is not America, so a German Obama is out of the equation for a very long time to come!

Mr. President, as you're conversant with, the Nigerian Constitution does not allow a Nigerian Citizen by birth to renounce his/her Nigerian Citizenship. The Nigerian constitution allows dual citizenship for people who are Nigerian citizens by birth. Chapter III, Paragraph 28 Article 1 of the 1999 Constitution of the Federal Republic of Nigeria says: "Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth". But until about a month ago, many Nigerians in Germany were "de-Nigerianized" (word is mine) because they wanted to have a German passport. This column wrote an article on that and some concerned Nigerians sent a letter to the Embassy of Nigeria in Germany appealing to it (the Embassy of Nigeria in Germany) to do away with the policy it unlawfully started in the late 90s and start issuing Nigerians by birth who approach it for Renunciation Letter with Rejection Letters instead. Because, with a Rejection Letter, a German Local Naturalisation Office shall have no other option than to allow the Nigerian applicant have double Passport based on their Aliens and Citizenship Acts (Waivers and Multiple Citizenship Clauses).

In July 2011, the Embassy of Nigeria in Germany was forced (by Nigerians who are now aware of their rights) to stop issuing renunciation letter to Nigerians who want to take a German passport, just as the Nigerian constitution and the German immigration law say. Also the German local authorities were also forced to allow Nigerians, no matter from which state in Germany, to retain their Nigerian passport upon taking a German passport (dual nationality) in accordance to what the law says.

The Embassy's stoppage of the issuance of "Renunciation Letter" in July 2011, has enabled some lucky Nigerians to obtain German Citizenship alongside that of Nigeria (Dual Citizenship). But, the German local authorities have refused to allow those Nigerians who were forced by them, in connivance with the Embassy of Nigeria in Germany to relinquish their Nigerian passport from 1999 till 2009, to have their Nigerian passport back, unless the person gives back the German passport and then apply afresh for a German and Nigerian passport respectively. A rigorous and tedious process indeed, and one is not sure of success at the end. It can make one to lose everything (even the already had German passport) at the end.

Because of the pressure beamed on the Embassy of Nigeria in Germany, it started singing a different tune from the one it has been singing since 1999. On July 27, 2011, the Embassy of Nigeria in Germany posted this information in its website (Your Excellency please read this piece of information well):

The questions are: How come that it was only in July 2011 that the Embassy of Nigeria Germany became aware that "the power to approve renunciation of Nigerian citizenship or restoration of same is the sole prerogative of Mr. President, as enshrined in chapter 111, article 29, sub. Section 1-2 of the 19999 Constitution of the federal Republic of Nigeria after about ten years of perpetuating illegality by bestowing upon itself the Presidential role? How come that it was only in July 2011 that the Embassy of Nigeria in Germany noticed that such presidential powers of approving the renunciation of citizenship or restoration of same are not transferable and can only be carried out in Nigeria, after years of taking the law into its hands? How come that it was only in 2011 that the Embassy of Nigeria in Germany started preaching that a citizen of Nigeria by birth may not renounce his Nigerian citizenship as he or she is allowed under Nigerian law to acquire the citizenship or nationality of a second country, without the necessity to renounce the citizenship of Nigeria?

There are so many questions begging for answers and only the presidency through the ministry of foreign affairs can force the Embassy of Nigeria in Germany to answer them.

Mr. President, you're not conversant with what happened all along in Germany, here's a brief rundown:

Around 1999, Nigerians in Germany, those qualified for it, were allowed to apply for German passport. Unbeknownst to almost all Nigerians who applied for German passport from 1999 to 2009, the law allows them to have dual nationality, but, were forced to renounce their Nigerian citizenship before they were issued with a German passport. What went wrong: Why did the Nigerian Embassy in Germany issue renunciation letter to Nigerians seeking German passport when the Nigerian constitution does not allow that? Why did the German local authorities demand for a renunciation letter from Nigerians before issuing them with German passport, when the German immigration law allows Nigerians, wishing to apply for German citizenship, dual nationality? Was the Embassy of Nigeria in Germany perpetuating illegality for financial gain or were the Embassy staff ignorant of the tenets (principles) of the Nigerian constitution and the German immigration law as regards to renunciation of citizenship and dual nationality respectively?

Mr. President, it's not an overstatement to say that many Nigerians have regretted ever taking German passport as it has turned into a "curse" instead of a blessing. Some have even gone back to their local (German) authorities to renounce their German citizenship in order to drop the German passport and take back their Nigerian passport, but, the process is very painstaking and tedious.

TIT BITS

This column wants Nigerians to listen and reflect on these tunes.

https://www.youtube.com/watch?v=MWqjbtfToxw&feature=results_main&playnext=1&list=PL50F92B20749AE2B8

https://www.youtube.com/watch?v=f--EX0xtGrw

THE THANX IS ALL YOURS!!!

Acknowledgement:

Few excerpts in this article came from the letter concerned Nigerians in Germany, led by Chief Mmeh and Mr. Eguatu, wrote to the Embassy of Nigeria in Germany in regard to the matter!

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