Court Orders NIS to Pay N3 Million Over Passport Delay

The Federal High Court in Abuja has directed the Nigeria Immigration Service (NIS) to pay N3 million in damages to Benita Ezumezu for failing to issue her international passport within the stipulated six-week timeframe. The ruling also compels the Minister of Interior, Olubunmi Tunji-Ojo, and the NIS to ensure passports are issued within six weeks to applicants who meet all requirements, as mandated by Section 9(4) of the Immigration Act, 2015.

Presiding Judge Emeka Nwite issued the judgment in response to a fundamental human rights suit filed by Ezumezu, who applied for her passport in October 2022 but experienced months of delay. The judgment, delivered on December 4, upheld all eight reliefs sought by the applicant.

The court declared that the failure of the NIS and the Minister of Interior to issue the passport violated both local and international laws protecting personal liberty and freedom of movement. Judge Nwite emphasized the legal significance of a Nigerian passport as an official identity document affirming citizenship and facilitating travel.

The judgment further highlighted that Ezumezu fulfilled all requirements for the passport by October 6, 2022, yet the NIS failed to issue the document within the mandated six-week period. This failure, the court ruled, contravened Section 9(4) of the Immigration Act, as well as Ezumezu’s constitutional right to freedom of movement, as outlined in Section 41 of the Nigerian Constitution and Article 12 of the African Charter on Human and Peoples’ Rights.

In addition to ordering the immediate issuance of Ezumezu’s passport, the court directed the NIS to pay N3 million as general damages for the monetary and professional losses caused by the delay. It also mandated the Minister of Interior to ensure the NIS adheres to the six-week processing timeline for future applications.