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.
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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.
According to reports, 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.