A Federal High Court in Abuja has ordered the Interior Minister, Olubunmi Tunji-Ojo, and the Nigeria Immigration Service (NIS) to always ensure that applicants who meet all the requirements are issued international passports within six weeks and in compliance with Section 9(4) of the Immigration Act 2015.
Justice Emeka Nwite issued the order in a judgment on a fundamental rights enforcement suit, marked: FHC/ABJ/CS/75/2023 filed by an aggrieved Nigerian, Benita Ngozi Ezumezu, with the NIS and the Interior Minister listed as respondents.
Benita claimed to have applied for Nigeria’s international passport and met all the requirements as of October 6, 2022, but the NIS failed to issue her the passport 14 weeks later.
In the judgment delivered on December 4, Justice Nwite rejected the respondents’ arguments, upheld the applicant’s claims, and granted all the reliefs sought by the applicant.
Justice Nwite, who awarded N3 million damages against the respondents and in favour of the applicant, declared that as of October 6, 2022, Benita had fulfilled all the requirements and was qualified to be issued a passport within six weeks.
The judge also declared that the respondents’ failure to issue the applicant passport 14 weeks after meeting all requirements violated Section 9(4) of the Immigration Act 2015 and the applicant’s right to freedom of movement.
He proceeded to issue an order “directing the first respondent (NIS) to issue the applicant (Benita) passport forthwith as stipulated in Section 9(4) of the Immigration Act 2015.”
Benita’s employer, Citizens’ Common (CC), a civil society group, expressed delight over the outcome of the case and commended the Judiciary for coming to the aid of a Nigerian whose right was violated.
CC’s Chief Executive, Olalekan Oshunkoya, who read a statement by his organization, said: “Our interest in Benita’s case is not just because she is a staff in our organization, but primarily because the service quality of the NIS has diminished to an all-time low in the last few years.
“The frustrating experiences of Nigerians, seeking to procure international passports in the hands of the NIS officials must be stopped.
“We understand that the service may have slightly improved in recent months under the current administration, however, we know that this case (Ezumezu’s case) highlights the plights of most Nigerians in the hands of many government ministries, departments and agencies when it comes to service delivery.
“After almost two years of litigation, we are glad that justice has been served in this matter. All the prayers sought in the case were granted by the judge.
“We commend the Judiciary for serving justice in this matter. This is a landmark judgement, asserting the right of every Nigerian to demand to be served right, especially when such service is tied to a fundamental right, such as freedom of movement.
“It should not be acceptable that services that can only be provided by the government remain poorly delivered without consequences.
“Majority of Nigerians continue to suffer irreparable loss for bad service quality from government ministries, departments, and agencies (MDAs), and it is time to make things work.
“The award of the three million naira in general damages to the applicant is a reminder to every Nigerian that the law remains a shield against bad experiences and services from government ministries, departments, and agencies.
“We must sound the alarm that losses incurred in the process of poor service delivery can be remedied through the courts, and this is an example.
“It is also a reminder to public service providers that consequences exist for poor service delivery.”