A Federal High Court in Abuja has ordered the Nigeria Immigration Service (NIS) to pay N3 million as damages to Benita Ezumezu for failing to issue her international passport within the stipulated six weeks.
The court also directed the NIS to immediately issue her passport and ensure that applicants who meet all requirements are issued passports within six weeks, as stipulated by Section 9(4) of the Immigration Act, 2015.
The judgment, delivered by Emeka Nwite, came after Benita filed a suit marked FHC/ABJ/CS/75/2023, challenging the non-issuance of her passport.
According to court documents, Benita completed her biometric enrolment on October 6, 2022, and was informed by the NIS that her passport would be issued within six weeks. She also presented an expedited processing request from her organisation, underscoring the urgency of the matter. Despite these efforts, her passport was not issued 14 weeks later, forcing her to approach the court.
In her suit, Benita argued that the NIS’s failure to issue her passport violated Section 9(4) of the Immigration Act and infringed on her right to freedom of movement as guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights. She further claimed that the delay caused her significant monetary losses and denied her access to critical career opportunities.
The court found the respondents’ arguments unconvincing, upheld Benita’s claims, and granted all her reliefs. Justice Nwite declared that as of October 6, 2022, Benita had fulfilled all requirements and was entitled to receive her passport within the stipulated timeline. He condemned the delay as a breach of statutory obligations and a violation of her fundamental rights.
The court awarded N3 million in damages against the respondents for the losses and inconveniences caused. Additionally, Justice Nwite emphasised the need for accountability, ordering the Interior Minister and the NIS to ensure that all applicants who meet the requirements for international passports are issued their documents within six weeks, as required by law. This directive aims to prevent future delays and uphold the integrity of the immigration process.
The ICIR exclusively reported that in August, 2022, Benita Ezumezu applied for her Nigerian passport ahead of an official trip to Lusaka, Zambia, and to facilitate her postgraduate studies in the United States. She had also secured a fully funded Mandela Washington Fellowship under the Young African Leaders Initiative.
Benita hoped to receive her passport within the six-week timeline promised by the then Minister of Interior, Rauf Aregbesola, who had assured Nigerians of a seamless passport process.
However, despite completing her biometric enrolment on October 6, 2022, and meeting all requirements, the NIS failed to issue her passport even after 14 weeks. Frustrated, she approached the court, seeking justice for the delays, which caused her to miss critical career opportunities and suffer financial losses.
The NIS had indicated on its website that first-time passport applicants should expect their passports within six weeks, a timeline reiterated by former minister Aregbesola.
Despite these assurances, Benita, like many other Nigerians, faced prolonged delays, prompting her to take legal action. The court’s ruling in her favor underscores the importance of upholding citizens’ rights and holding public institutions accountable for lapses in service delivery.
An earlier investigation by The ICIR revealed how Nigerians suffer frustration and extortion in the hands of corrupt immigration officers when seeking to obtain their Nigerian passports.
The report exposed the high level of racketeering, touting and other unprofessional conducts by personnel of the NIS undermining the essence of the open website created for members of the public to easily apply for their passports without third party interference.
The publication eventually led to a public outcry and condemnation of the criminal acts. Some of the affected officials were subsequently transferred out of their bases, while others were laid off from the Service.
Nurudeen Akewushola is an investigative reporter and fact-checker with The ICIR. He believes courageous in-depth investigative reporting is the key to social justice, accountability and good governance in society. You can reach him via nyahaya@icirnigeria.org and @NurudeenAkewus1 on Twitter.