Court fines immigration N3m over failure to issue applicant’s passport within six weeks

A federal high court in Abuja has ordered the Nigeria Immigration Service (NIS) to pay N3 million as damages to Benita Ezumezu for failing to issue her international passport within the stipulated six weeks. 
 

The court also ordered Olubunmi Tunji-Ojo, minister of interior, and the NIS to ensure that applicants who meet all the requirements are issued Nigerian passports within six weeks in compliance with section 9(4) of the Immigration Act 2015. 

Emeka Nwite, the presiding judge, gave the order while delivering judgment in a fundamental human rights suit marked FHC/ABJ/CS/75 filed by Ezumezu. 

Ezumezu approached the court after waiting several months to get her passport, which she applied for in October 2022. 

In the judgment delivered on December 4, Nwite granted all the eight reliefs sought by the applicant. 

The judge held that the failure of the NIS and the minister (sued as first and second respondents) to issue a passport to Ezumezu within six weeks despite providing valid documents violated all known local and international laws on personal liberty and freedom of movement of the applicant. 

“That this honourable court hereby declares that a Nigerian passport is an official identity document that affirms the bearer’s citizenship and is issued to a bonafide Nigerian primarily for the purpose of travelling out of Nigeria and returning to Nigeria in the exercise of rights to personal liberty and freedom of movement,” Nwite held. 

“That this honourable court hereby declares that as of October 6, 2022, the applicant had fulfilled all the requirements for the issuance of a Nigerian passport and was therefore qualified to be issued a passport forthwith and not exceeding six weeks from that day. 

“That this honourable court hereby declares that the non-issuance of a Nigerian passport to the applicant 14 weeks after the applicant had met all the requirements, including submitting the application, payment of approved fees, and biometric enrolment, constitutes a contravention of section 9(4) of the Immigration Act, 2015, as it relates to the issuance of an international passport forthwith. 

“That the honourable court hereby declared that non-issuance of a Nigerian passport to the applicant 14 weeks after the applicant had met all the requirements. Including submitting an application, payment of approved fees, and biometric enrollment constitutes a contravention of the applicant’s right to freedom of movement guaranteed under Section 41 of the CFRN 1999 (as amended) and Article 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act. 

“That this honourable court hereby declares that the non-issuance of a Nigerian passport to the applicant 14 weeks after biometric enrolment had occasioned both monetary and professional losses to her. 

“That an order of this honourable court is hereby made directing the 1st respondent to issue the applicant’s passport forthwith as stipulated in section 9(4) of the Immigration Act, 2015. 

“That an order of this honourable court is hereby made directing the 1st respondent to pay the sum of Three Million Naira (N3,000,000.00) only to the applicant as general damages for all the losses incurred by the applicant resulting from her inability to travel for her professional duties. 

“That an order of this honourable court is hereby made directing the 2nd respondent to ensure adherence of the 1st respondent to the issuance of a passport as stipulated in Section 9(4) of the Immigration Act and not exceeding the 6 weeks announced by the 2nd respondent and published by the 1st respondent on its website.”