The Federal High Court in Abuja has directed the Minister of Interior, Olubunmi Tunji-Ojo, and the Nigeria Immigration Service (NIS) to ensure that international passports are issued within six weeks to applicants who fulfill all stipulated requirements.
Justice Emeka Nwite gave the ruling on December 4 in a case filed by a Nigerian citizen, Benita Ngozi Ezumezu. The suit, marked FHC/ABJ/CS/75/2023, listed the NIS and the Minister of Interior as respondents.
Benita approached the court after waiting 14 weeks without receiving her passport, despite meeting all the requirements on October 6, 2022. In her suit, she argued that the delay violated her rights and contravened Section 9(4) of the Immigration Act 2015.
In his judgment, Justice Nwite ruled in Benita’s favor, declaring that the failure of the NIS to issue her passport within the six-week timeframe was a breach of her rights under the law.
“The applicant has fulfilled all obligations to be issued a Nigerian passport by October 6, 2022, the failure of the respondents to issue the passport within six weeks as required by Section 9(4) of the Immigration Act 2015 constitutes a violation of her right to freedom of movement.” The judge stated
Justice Nwite further directed the NIS to immediately issue Benita’s passport in compliance with the law.
“The respondents are hereby ordered to ensure that the applicant’s passport is issued without any further delay,” he added.
In addition to the order, the court awarded N3 million in general damages against the NIS and the Minister of Interior for the violation of Benita’s fundamental rights.
The ruling has been described as a landmark judgment, highlighting the need for government agencies to adhere strictly to stipulated timelines in providing essential services to citizens.
This directive serves as a warning to the NIS and other relevant authorities to uphold their responsibilities and respect the rights of Nigerians seeking services under their purview.
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