Court Orders NIS to Pay N3 Million in Damages for Passport Delay

The Federal High Court in Abuja has ordered the Nigeria Immigration Service (NIS) to pay N3 million in damages to one Benita Ezumezu for failing to issue her international passport within the stipulated six-week timeline.

The ruling, delivered by Justice Emeka Nwite, also directed the Minister of Interior, Olubunmi Tunji-Ojo, and the NIS to ensure that all eligible applicants are issued their passports within the six-week period mandated by Section 9(4) of the Immigration Act, 2015.

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Ezumezu had taken the matter to court in suit number FHC/ABJ/CS/75, citing a violation of her fundamental human rights after waiting months to receive her passport. She had applied for the document in October 2022 and met all requirements, including payment and biometric enrolment, but was yet to receive it by the time of filing the case.

In his December 4 ruling, Justice Nwite granted all eight reliefs sought by the applicant. He emphasized that the failure to issue the passport violated both local and international provisions on personal liberty and freedom of movement.

“A Nigerian passport is not merely an identification document but a constitutional affirmation of the bearer’s citizenship, allowing them to travel out of and return to Nigeria. This right must be upheld in accordance with Section 41 of the 1999 Constitution (as amended) and Article 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act,”

the judge declared.

He further stated that Ezumezu had suffered significant monetary and professional losses due to the delay.

Justice Nwite directed the NIS to issue Ezumezu’s passport immediately and ensure strict adherence to the six-week timeline stipulated under the Immigration Act.

The court also mandated the minister to enforce compliance with this provision and ordered the NIS to compensate the applicant with N3 million for the inconveniences and damages incurred.

The judgment sets a significant precedent, reiterating the importance of timely service delivery by public institutions and the need to respect citizens’ fundamental rights.