The Council of State of Colombia has closed one of the legal debates that emerged during the presidential campaign by rejecting the lawsuit that sought to invalidate Abelardo De la Espriella’s registration as a presidential candidate.
The legal action argued that the candidate’s status as a U.S. citizen could create an incompatibility with serving as head of the Colombian state and raised questions about the independence required by the office. However, the high court decided not to proceed with the claim and allowed his candidacy to stand.
The controversy gained relevance because De la Espriella does not only hold Colombian nationality. He also possesses U.S. and Italian citizenship, a situation that led some sectors to question whether a potential dual or triple national loyalty could be compatible with the constitutional responsibilities of a president.
The discussion quickly became both a political and legal issue amid the final stretch of the electoral campaign.
Colombia: Council of State rules on De la Espriella eligibility challenge
The lawsuit was filed by citizen Sebastian Lopez Betancourt, who requested the annulment of the act through which the National Electoral Council approved De la Espriella’s registration as a presidential candidate. According to the arguments presented in the lawsuit, the candidate’s U.S. citizenship could raise concerns regarding national sovereignty and the independence that should characterize anyone serving as President of the Republic.
The challenge focused specifically on his U.S. citizenship and not on his Italian citizenship. The reason is that dual Colombian-Italian nationality has not been the subject of significant political controversy in Colombia.
In fact, current President Gustavo Petro also holds Italian citizenship in addition to Colombian nationality, a circumstance that has never been considered an obstacle to the exercise of his duties as head of state.
For that reason, the debate centered on the legal relationship created by U.S. citizenship and on the possibility that it could generate obligations or ties incompatible with the nation’s highest office. Those behind the lawsuit argued that a Colombian president should be free of any circumstance that could be interpreted as a dependency on another nation.
The Fifth Section of the Council of State rejected the lawsuit, although it did so on procedural grounds rather than through a substantive ruling on De la Espriella’s alleged ineligibility. The court concluded that the act of registering a candidacy constitutes a procedural step within the electoral process and therefore cannot be subject to independent judicial review at this stage.
The magistrates stated that electoral nullification actions apply to final decisions, such as the official declaration of a candidate’s election, but not to preparatory or intermediate acts. Consequently, the court determined that the lawsuit had to be dismissed without examining the merits of the arguments related to the candidate’s nationality.
The decision left De la Espriella’s candidacy intact and allowed him to continue in the presidential race without restrictions arising from this judicial proceeding.
El Consejo de Estado rechaza demanda de nulidad contra el acto de inscripción del señor Abelardo Gabriel de la Espriella Otero, como candidato presidencial
➡️Ver más: https://t.co/WTGd85Sqvu pic.twitter.com/krsROAHwwQ
— Consejo de Estado (@consejodeestado) June 11, 2026
A debate with precedents in Colombian politics
The discussion over whether it is advisable for a Colombian political leader to retain U.S. citizenship is not new. One of the best-known precedents is that of former Bogota mayor Enrique Peñalosa, who more than two decades ago decided to renounce his U.S. citizenship.
Peñalosa—who was born in Washington, D.C.—chose to give up his U.S. citizenship by birth before continuing his political career in Colombia. The decision was aimed precisely at avoiding questions about his institutional loyalty and eliminating any doubts regarding his ability to hold high-level public office.
At the time, the renunciation was interpreted as a way to shield himself from potential legal or political controversies similar to those now surrounding De la Espriella. The political leader believed that maintaining only Colombian nationality would eliminate any room for speculation about conflicts of interest or commitments to another state.
What is clear is that the specific argument advanced by those who question the possibility of a naturalized U.S. citizen becoming President of Colombia is not dual nationality itself. The Colombian Constitution allows a president to hold more than one nationality.
The controversy revolves around the oath that a person must take to obtain U.S. citizenship through naturalization. A group of former magistrates and constitutional scholars argues that this oath entails commitments of loyalty to the United States that could conflict with the exclusive obligations a Colombian president owes to Colombia’s Constitution, sovereignty, and national interests.

An unresolved debate in Colombia
Although the Council of State upheld Abelardo De la Espriella’s presidential candidacy, the decision did not completely settle the political debate surrounding dual nationality in the highest offices of the state.
The ruling was limited to establishing that the lawsuit filed was not admissible at this stage of the electoral process. For that reason, the discussion over whether U.S. citizenship can create incompatibilities for someone seeking the presidency remains subject to legal and political interpretation.
Meanwhile, the candidate remains eligible to participate in the election, and the episode adds to the long list of legal controversies that have marked the 2026 presidential campaign, one of the most polarized and heavily litigated in Colombia’s recent history.
Just yesterday, Thursday, June 11, the ruling coalition’s presidential candidate, Ivan Cepeda, filed a complaint before Colombian and international courts regarding alleged links between his opponent, Abelardo De la Espriella, and paramilitary elements.
The response from the accused candidate was immediate, and the far-right contender mocked Cepeda and his complaint. “I’m absolutely terrified of your false accusations, clown,” he replied to the left-wing candidate, who currently leads all polls to become Colombia’s next president.