Justice Emeka Nwite of the Federal High Court sitting in Abuja has declared that the failure of the Nigeria Immigration Service to issue passport in six weeks after the applicant has fulfilled all requirements for the issuance of a Nigerian passport within six weeks as illegal and a contravention of the law.

The court also declared that the 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 return to Nigeria in exercise of rights to personal liberty movement and freedom of movement.

Justice Nwite made the declaration while ruling on a matter filed by a Nigerian woman, Benita Ngozi Ezemezu against the Nigeria Immigration Service and the Minister of Interior delineated FHC/ABJ/CS/75/2023.

Further, the court made an order directing the Nigeria Immigration Service to pay the sum of three million Naira (N3, 000, 0000.00) to Benita Ngozi Ezemezu as general damages for all the losses she incurred resulting from her inability to travel for her professional duties.

The matter was filed by Solomon Okedara and Co via an Originating Summons dated January 17, 2023 as a matter of enforcement of fundamental rights to freedom of movement as guaranteed in Section 41 if the constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 12 of the African Charter on Human and People’s Rights.

The court held that “non-issuance of Nigerian Passport to the Applicant 14-weeks after the applicant had met all the requirements including submitting application, payment of approved lees and biometric enrolment constitutes a contravention of Section 9(4) of the Immigration Act, 2015 as it relates to Issuance forthwith of International Passport.

It further declared that non-issuance of Nigerian passport to the applicant 14 weeks after the applicant had met all the requirements including submitting application, payment of approved fees and biometric enrolment constitutes a contravention of the Applicant’s 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 Right (Ratification and Enforcement) Act.

“This Honourable Court hereby declared that 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 Nigeria Immigration Service 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 Minister of Interior to ensure adherence of the Nigeria Immigration Service to issuance of passport forthwith as stipulated in Section 9(4) of the Immigration Act and not exceeding the 6-weeks announced by the Minister and published by the immigration on its website,” Justice Nwite held.

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