Nigerian Court Orders Interior Minister, Immigration To Issue Passports Within Six Weeks, Awards Applicant N3Million In Damages For Delay
The directive was part of the judgment delivered by Justice Emeka Nwite on December 4 in a fundamental rights enforcement suit filed by Benita Ngozi Ezumezu, who sued the NIS and the Interior Minister for failing to issue her a passport despite fulfilling all requirements as of October 6, 2022.
A Federal High Court in Abuja has ordered the Interior Minister, Olubunmi Tunji-Ojo, and the Nigeria Immigration Service (NIS) to ensure the issuance of international passports to qualified applicants within six weeks, as stipulated under Section 9(4) of the Immigration Act 2015.
The directive was part of the judgment delivered by Justice Emeka Nwite on December 4 in a fundamental rights enforcement suit filed by Benita Ngozi Ezumezu, who sued the NIS and the Interior Minister for failing to issue her a passport despite fulfilling all requirements as of October 6, 2022.
Delivering judgment in the case marked FHC/ABJ/CS/75/2023, Justice Emeka Nwite ruled in favor of the applicant, rejecting the respondents’ arguments.
The court granted all her reliefs and awarded N3 million in damages against the respondents.
Justice Nwite ruled that the NIS violated Ezumezu’s rights by delaying her passport issuance for 14 weeks after her application
The judge declared that Ezumezu had met all the necessary requirements for a passport as of October 2022 and was entitled to receive it within the legally mandated six-week period.
The judge ruled that the respondents’ failure to issue the applicant a passport 14 weeks after she met all requirements violated Section 9(4) of the Immigration Act 2015 and infringed on her right to freedom of movement.
He subsequently issued an order directing the first respondent, the Nigeria Immigration Service (NIS), to issue the applicant, Benita, her passport immediately, as stipulated in Section 9(4) of the Immigration Act 2015.
Benita’s employer, Citizens’ Common (CC), a civil society organization, expressed satisfaction with the judgment and lauded the Judiciary for upholding the rights of a Nigerian citizen.
Olalekan Oshunkoya, CC’s Chief Executive, saying, “It should not be acceptable that services that can only be provided by the government remain poorly delivered without consequences.”
