MONROVIA – Mr. Alvin Teage Jalloh, a Liberian with American citizenship, has won a landmark dual citizenship case against the Government of Liberia at the Supreme Court in Liberia.
Jalloh, a natural-born Liberian was denied travel document by the Liberian Embassy in Washington when he sought to travel Liberia. The Embassy had informed him he needed a non-immigrant Liberian visa before he could be permitted to enter Liberia.
The Embassy’s claim was pursuant to the Alien and Nationality Law of Liberia.
Filing a complaint before the Supreme Court, Jalloh argued that Sections 22.2 of the Alien and Nationality Law which were enacted before the adoption of the 1986 Liberian Constitution, purports to automatically deprive Liberian citizens of their citizenship rights if they do certain things such as vote in the elections of a foreign country or join the military of another country. These, he contends, were repealed by Article 95(a) of the 1986 Constitution as being inconsistent with the due process clause of Article 20(a).
On the other hand, the government argued that Mr. Jalloh, having admitted to being a naturalized citizen of the US lacked the capacity to challenge the constitutionality of Sections 22.2 of the Aliens and Nationality Law; that Sections 22.2 do not violate the constitution’s due process clause and that Article 28 of the 1986 constitution authorizes the Legislature to enact laws by which citizen of Liberia shall lose his/her citizenship.”
Jalloh’s Argument Sustained
“Wherefore and in view of the foregoing, the petition is hereby granted. Section 22.2 of the Aliens and Nationality Law, to the extent that it provides for loss of citizenship solely on account of the performance by a citizenship of acts or fulfillment of the conditions specified in Section 22.1 without the institution by the Government of any proceedings to nullify or cancel citizenship in violation of the due process clause under Article 209(a) of the 1986 Constitution, is hereby null and void without any force and effect of law.” t
– Supreme Court of Liberia
It took the Supreme Court almost nine years to make a determination Jalloh’s claim.
In the landmark ruling, the Court opined that Section 22.2 of the Aliens and Nationality Law is in direct conflict with the requirements of Article 20(a) of the Liberian Constitution (1986), which provides in part: ‘No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with due process of law…”
The Judges further opined Section 22.2 of the Aliens and Nationality Law provides: “Loss of citizenship under Section 22.1 of this title shall result solely from the performance by a citizen of acts or fulfillment of the conditions specified in such section, and without the institution by the Government of any proceeding to nullify or cancel such citizenship.
“I am very pleased and I want to thank the Honorable Supreme Court; this decision which correctly interprets the 1986 Constitution is a huge step towards a greater inclusion in the Liberian society, so, thanks to them for finally automatically laws on dual citizenship issue to rest.”
– Alvin Teage Jalloh, Victor of Landmark Dual Citizenship Case
They further noted that the Section 22.2 of the Aliens and Nationality Law which was enacted long before the coming into force the 1986 Constitution and being in conflict with Article 20(a) of the 1986 Constitution which was deemed repealed within the contemplation of Article 95(a) of the Constitution as at the time the Constitution came into effect in 1986.
“Wherefore and in view of the foregoing, the petition is hereby granted. Section 22.2 of the Aliens and Nationality Law, to the extent that it provides for loss of citizenship solely on account of the performance by a citizenship of acts or fulfillment of the conditions specified in Section 22.1 without the institution by the Government of any proceedings to nullify or cancel citizenship in violation of the due process clause under Article 209(a) of the 1986 Constitution, is hereby null and void without any force and effect of law,” the Judges ruled.
No More Denial for Liberians with Dual Citizenship
Speaking to FrontPageAfrica shortly after the ruling, Jalloh said Section 22.2 of the Aliens and Nationality Law can no longer used to deny Liberians with other citizenship their rights as Liberians.
“I am very pleased and I want to thank the Honorable Supreme Court; this decision which correctly interprets the 1986 Constitution is a huge step towards a greater inclusion in the Liberian society, so, thanks to them for finally automatically laws on dual citizenship issue to rest,” he said.
He added, “The ruling makes it clear that the law that has been used to actually bring fear to was in fact no law since 1986 so you’re still a Liberian.