A Federal High Court in Abuja has ordered the Nigeria Immigration Service (NIS) to pay Benita Ezumezu N3 million in damages for failing to grant her foreign passport within the six-week deadline.
The court further ordered Olubunmi Tunji-Ojo, Minister of Interior, and the NIS to ensure that applicants who meet all conditions receive Nigerian passports within six weeks, by Section 9(4) of the Immigration Act 2015.
The presiding judge, Emeka Nwite, issued the order while delivering judgment in Ezumezu’s fundamental human rights litigation, FHC/ABJ/CS/75.
Ezumezu contacted the court after waiting several months for her passport, which she had requested in October 2022.
In the December 4 judgement, Nwite granted all eight of the applicant’s reliefs.
The judgement ruled that the NIS and the minister (sued as first and second respondents) failed to provide a passport to Ezumezu within six weeks of receiving valid documentation, in violation of all known local and international rules governing personal liberty and freedom of travel for the applicant.
Nwite held:
“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 to travel out of Nigeria and return to Nigeria in the exercise of rights to personal liberty and freedom of movement.”
“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.”
