Court orders Interior Minister and NIS to ensure passport issuance within six weeks

A Federal High Court in Abuja has ordered the Interior Minister, Olubunmi Tunji-Ojo, and the Nigeria Immigration Service (NIS) to ensure that applicants who meet all the requirements are issued international passports within six weeks, in line with Section 9(4) of the Immigration Act 2015.

Justice Emeka Nwite gave the order in a judgment on a fundamental rights enforcement suit marked FHC/ABJ/CS/75/2023. The suit was filed by an aggrieved Nigerian, Benita Ngozi Ezumezu, against the NIS and the Interior Minister.

Benita claimed that she applied for Nigeria’s international passport on October 6, 2022, after fulfilling all the necessary requirements, but the NIS failed to issue her the passport even after 14 weeks.

In the judgment delivered on December 4, Justice Nwite dismissed the respondents’ arguments, upheld Benita’s claims, and granted all the reliefs sought. The court also awarded N3 million in damages against the respondents and declared that Benita’s right to freedom of movement was violated due to the delay.

Justice Nwite ruled: “As of October 6, 2022, the applicant had fulfilled all the requirements and was qualified to be issued a passport within six weeks.” He further ordered, “The first respondent (NIS) is directed to issue the applicant (Benita) passport forthwith as stipulated in Section 9(4) of the Immigration Act 2015.”

Benita’s employer, Citizens’ Common (CC), a civil society organization, welcomed the judgment and commended the Judiciary for upholding the rights of Nigerians.

CC’s Chief Executive, Olalekan Oshunkoya, speaking on behalf of the organization, said: “Our interest in Benita’s case is not just because she is a staff in our organization, but primarily because the service quality of the NIS has diminished to an all-time low in the last few years.

“The frustrating experiences of Nigerians, seeking to procure international passports in the hands of the NIS officials must be stopped.

“We understand that the service may have slightly improved in recent months under the current administration; however, we know that this case (Ezumezu’s case) highlights the plights of most Nigerians in the hands of many government ministries, departments and agencies when it comes to service delivery.

“After almost two years of litigation, we are glad that justice has been served in this matter. All the prayers sought in the case were granted by the judge.

“We commend the Judiciary for serving justice in this matter. This is a landmark judgment, asserting the right of every Nigerian to demand to be served right, especially when such service is tied to a fundamental right, such as freedom of movement.

“It should not be acceptable that services that can only be provided by the government remain poorly delivered without consequences.

“The award of the three million naira in general damages to the applicant is a reminder to every Nigerian that the law remains a shield against bad experiences and services from government ministries, departments, and agencies.

“We must sound the alarm that losses incurred in the process of poor service delivery can be remedied through the courts, and this is an example. It is also a reminder to public service providers that consequences exist for poor service delivery.”