Minister of Interior Olabunmi Tunji-Ojo has been directed to ensure that the Nigeria Immigration Service (NIS) complies with an Abuja Federal High Court judgment ordering it to pay N3 million and issue a passport to Benita Ngozi Ezemezu, a Nigerian citizen.
The judgment was the result of a case marked FHC/ABJ/CS/73/2023 and filed by Solomon Okedara, a legal practitioner, on behalf of Ezemezu.
Ezemezu applied for a Nigerian passport from the NIS on October 6, 2022, but she did not get it despite meeting all the required conditions and submitting relevant documents to the agency. She engaged her lawyer to challenge the non-issuance of the passport and establish her fundamental right to the document.
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Delivered on December 4, Justice Emeka Nwite granted all the eight reliefs sought by the applicant, ruling that the failure of the NIS and the minister, sued as first and second respondents, to issue a passport to Ezemezu within 6 weeks despite providing valid documents violated all known local and international laws on personal liberty and freedom of movement of the applicant.
“That this honourable court hereby declared that Nigerian passport is an official identity document that affirms the bearer’s citizenship and is issued to a bonafide Nigerian primarily for the purpose of travelling out of Nigeria and returning to Nigeria in exercise of rights to personal liberty and freedom of movement,” Nwite ruled, according to a certified true copy of the judgment dated and obtained by FIJ on Monday.
A watermarked certified true copy of the judgment order dated December 16.
“That this honourable court hereby declared that as at October 6, 2022, the applicant had fulfilled all the requirements for the issuance of a Nigerian passport and was therefore qualified to be issued a passport forthwith and not exceeding 6 weeks from that day.
“That this honourable court hereby declared that non-issuance of a Nigerian passport to the applicant 14 weeks after the applicant had met all the requirements including submitting application, payment of approved fees and biometric enrolment constitutes a contravention of Section 9(4) of the Immigration Act, 2015 as it relates to issuance of international passport forthwith.
“That the honourable court hereby declared that non-issuance of a Nigerian passport to the applicant 14 weeks after the applicant had met all the requirements including submitting application, payment of approved fees and biometric enrolment constitutes a contravention of the applicant’s right to freedom of movement guaranteed under Section 41 of the CFRN 1999 (as amended) and Article 12 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act.
“That this honourable court hereby declared that non-issuance of a Nigerian passport to the applicant 14 weeks after biometric enrolment had occasioned both monetary and professional losses to her.
“That an order of this honourable court is hereby made directing the 1st respondent to issue the applicant’s passport forthwith as stipulated in Section 9(4) of the Immigration Act, 2015.
“That an order of this honourable court is hereby made directing the 1st respondent to pay the sum of Three Million Naira (N3,000,000.00) only to the applicant as general damages for all the losses incurred by the applicant resulting from her inability to travel for her professional duties.
“That an order of this honourable court is hereby made directing the 2nd respondent to ensure adherence of the 1st respondent to issuance of a passport as stipulated in Section 9(4) of the Immigration Act and no exceeding the 6 weeks announced by the 2nd respondent and published by the 1st respondent on its website.”
Okedara, who represented Ezemuzu throughout the proceedings, said he was particularly delighted that the judgment was the first of its kind of Nigeria’s jurisprudence.
“When this suit was filed in January 2023, I stated that this case presents a golden opportunity for the court not only to rise to the occasion and once again show itself as the last hope of the common man, but to also help build our institutions with enduring values anchored on the laws of our land. It is undoubtedly my great joy that the Nigerian court once again lived up to its status as the most important democratic institution in our society,” Okedara told FIJ on Monday.
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“It is interesting to note that when we were preparing the court processes in this suit, we realised that there was no known decision of our courts on delay or non-issuance of passport after an applicant has met all the requirements. Understanding that while following judicial precedent makes law practice easy, setting judicial precedent makes a great law career, emboldened me to go all out in researching and preparing the processes in this case.
“For me, the strategic thing about this lawsuit is that beyond the award of N3 million granted to the applicant as general damages, most of the reliefs granted in the judgment will serve the interest of all Nigerians who will no longer have to wait indefinitely after meeting all requirements for their passports, as they will now be issued passports forthwith as provided in the law.”
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