Court fines Nigeria’s immigration service N3m for passport delay

The Federal High Court of Nigeria delivered a landmark judgement on December 4, 2024,  ruling that delays in the issuance of a Nigerian passport beyond six weeks, is deemed a contravention of the law and violates the right to freedom of movement.

Justice Emeka Nwite, delivered this landmark judgment in the case of Benita Ngozi Ezumezu (the Applicant)  vs. Nigeria Immigration Service (first respondent) and the Minister of Interior (Second respondent) in Suit No: FHC/ABJ/CS/75/2023.

The judgement directed the Nigeria Immigration Service to pay N3 million in general damages to the Applicant for the losses incurred due to her inability to travel for professional duties.

The case

The case revolved around enforcing the fundamental right of the Applicant to freedom of movement as enshrined in Section 41 of the Nigerian Constitution (1999, as amended) and Article 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.

As of October 6, 2022, the applicant had fulfilled all the requirements for passport issuance when her biometric enrolment was conducted by the Nigeria Immigration Service and she was therefore entitled to receive it within six weeks from that day.

The Nigeria Immigration Service however failed to issue the passport to the Applicant within six weeks from October 6 2022, causing the Applicant to institute an action against the Nigeria Immigration Service and the Minister of Interior on January 18, 2023 at the Federal High Court, Abuja.

The judgement delivered 

In his judgement, Justice Nwite declared that the failure to issue a passport to the applicant 14 weeks after fulfilling all requirements, including submitting an application, paying approved fees, and undergoing biometric enrolment, contravened the law.

“In the instant case, the Applicant having qualified for the issuance of a Nigerian passport and also having exhibited the urgency in the need of issuance of such a passport in Exhibits “B2”, “B3”, “B4” and “B7” deserved to be issued with her passport forthwith, without any delay. The non-issuance of passport to the Applicant 14-weeks after biometric enrolment contravenes the provisions of Section 9 (4) of the Immigration Act, 2015 on issuance of passport to be forthwith”, the Judge concluded.

The court therefore ordered the first respondent to issue the applicant’s passport immediately, and direct the first respondent to pay N3 million in general damages to the applicant for the losses incurred due to her inability to travel for professional duties.

 

Significant precedents

This public interest case sets several significant precedents.

Firstly, it is the first Nigerian case to declare the Passport as an official identity document affirming the bearer’s citizenship.

Secondly, it marks the first time the issuance of a passport beyond six weeks has been deemed a contravention of the law, specifically Section 9(4) of the Immigration Act 2015, which mandates the issuance of passports immediately upon meeting all requirements.

Thirdly, it establishes that delays in passport issuance beyond six weeks -from the date of biometric enrolment, provided all requirements are met, violates the right to freedom of movement..

To enforce this decision, the Minister of Interior is now tasked with ensuring strict compliance with the court’s order, thereby guaranteeing that passport processing is completed within the stipulated six weeks.

Additionally, applicants who do not receive their passports within the six-week period may be entitled to damages.