Scarcity Of Passport And The Government’s Violation Of The Right Of Movement.

Introduction:
Nigeria is a sovereign democratic state that makes its own laws. By the laws in Nigeria, the Federal Government of Nigeria handles issues of passports (travel document and immigration). It is part of the duties of the Federal Government of Nigeria to provide passport for Nigerians. One of the fundamental; human rights of Nigerians is the right to freedom of movement.

Movement here, includes entrance and exit from Nigeria, as well as trips to foreign countries. However, nations of the world require travelers to hold travel documents (passports) and health clearance documents (like, the yellow fever cards), while on transit. So, unless the government of Nigeria provides passports, Nigerians cannot exercise their right to freely move and travel out of Nigeria and to explore the world.

Among other things, the Government of Nigeria has failed in providing passport to Nigerians, with government reporting scarcity of passport booklets. Many Nigerians have been reportedly stranded in foreign countries, for failure of Nigerian embassies to provide passports to Nigerians abroad. Also, many Nigerians are grounded in Nigeria, with no passport to lawfully leave Nigeria, even after months of paying for passports.

This work focuses on the duty of the Government of Nigeria to provide passports to Nigerians. It reveals the failure of government in providing passports and how this violates the fundamental human rights of Nigerians across the world. It also provides pathways to legal remedies for Nigerians that their rights to movement have been violated, attempted to be violated or threatened to be violated by the failure of government to provide passports.

The Passports and the Right to Freedom of Movement:
The greatest of all laws in Nigeria is the Constitution of the Federal Republic of Nigeria. The Constitution of Nigeria recognizes the status of a Nigerian Citizen. It creates the duties of citizens, which includes, the duty to respect national ideas, institutions and authorities. Among the institution of Nigeria is the National Assembly (the federal legislature) empowered to make laws for Nigeria. Among the laws made by the federal legislature is the Immigration Act 2015.

The Immigration Act 2015 establishes the Nigeria Immigration Service and empowers it to be responsible, for; (a) the control of persons entering or leaving Nigeria; (b) issuance of travel documents, including Nigerian passports, to bonafide Nigerians within and outside Nigeria; (c) issuance of residence permits to foreigners in Nigeria; (d) border surveillance and patrol; (e) enforcement of laws and regulations with which they are directly charged; and (f) performance of such para-military duties within or outside Nigeria as may be required of them under the authority of this Act or any other enactment.

Section 9 of the Immigration Act 2015, provides that the power to issue Nigerian Passports is resting on the Comptroller-General of the Nigeria Immigration Services and that the Nigerian Passports must be issued only to bona fide Nigerians, within and outside Nigeria. It went further to define “Passport” as “a document of protection and authority to travel issued by the Nigeria Immigration Service to Nigerians wishing to travel outside Nigeria, and includes, the following; (a) a Standard Nigerian Passport; (b) a Nigerian Diplomatic Passport; (c) a Nigerian Official Passport; (d) a Nigerian Pilgrim’s Passport; and (e) a Seaman’s Passport or Seaman’s Certificate of Identity.

By the sections 14, 15, 17, 18, 19 of the Immigration Act, any person entering or leaving Nigeria must present himself to an immigration officer and will also present his passport and any other information, except where such a person enjoys some form of immunity/exemption. Hence, passport is the most important condition for any Nigerian to easily leave and enter Nigeria as well as to travel to other countries, in exercise of the right of movement.

Also, regional conventions (like the ECOWAS 1979 Protocol A/P.1/5/79 relating to Free Movement of Persons, Residence and Establishment), mandates Nigerian government to issue passports and travel documents to Nigerians, ahead of their tips into Nigeria or out of Nigeria. Specifically, 1985 Supplementary Protocol A/SP.1/7/85 on the Code of Conduct for the implementation of the Protocol on Free Movement of Persons, the Right of Residence and Establishment; mandates member states to provide travel documents for their citizens. It creates protections for illegal immigrants and provides sub-regional co-operation for the purpose of preventing or reducing the flow of illegal immigrants.

Sections 33 to 45 of the Constitution of Nigeria provides the fundamental human rights, which are the natural entitlements of persons in Nigeria. Among the fundamental human rights are the Right to Life, the Right to Dignity of Human Person, the Right to Personal Liberty, the Right to Fair Hearing, the Right to Private and Family Life, the Right to Freedom of Thought, Conscience and Religion, the Right to Freedom of Expression and the Press, the Rights to Peaceful Assembly and Association, the Right to Freedom of Movement, the Right to Freedom from Discrimination and then, the Right to Acquire and Own Immovable Property anywhere in Nigeria.

The Right to Freedom of Movement empowers all Nigerians to move freely and reside in any part of Nigeria. It also includes the right of Nigerians to be allowed to enter or leave Nigeria for any other country. It is in exercise of this right that Nigerians are issued passports to enable them travel the world as citizens of Nigeria, with the protection and authority of Nigeria. So, the Immigration Act supports the right to movement, by the authorities of the Comptroller-General of the Nigeria Immigration Services to issues passports. Also, refusal and failure to issue passport to a bonafide Nigeria, unless where there is a statutory justification for such, is rather a clear threat to the right of free movement. This is discussed in details in the next sub-heading.

Violation of Right to Freedom of Movement through Scarcity of Passport:
Scarcity of passport is an issue of fact, which needs to be proved before any person can seek relief based on it. Since it is the right of a citizen of Nigeria to freely travel into Nigeria and out of Nigeria, then the Government of Nigeria must protect such right. Protecting and aiding the right to freedom of movement will include the timely provision of passports in Nigeria and in embassies of Nigeria across the world.

Where passports are delayed or not issued due to no fault of the applicants/citizen, arguably, the Government of Nigeria has failed in providing passport and thereby limiting the right of movement of the citizens. Below are reports in public domain, on the scarcity of passports in Nigeria and in embassies of Nigeria across the world.

“Scarcity of Passport Booklets: Notification. This is to inform the general public that due to temporary shortage of booklets, it is not possible to issue the passport the same day. From Monday, 23rd November, 2020 the Embassy will not be able to process applications beyond capturing. Note, this is only a temporary situation which will change as soon as booklets are available. Thank you very much for your cooperation. Passport section, Embassy of Nigeria Berlin, Germany. 19/11/2020.” Embassy of Nigeria Berlin, Germany.

“The lack of passport booklets at the nations’ immigration offices has reached a crisis point and something needs to be done urgently, without further delay, to redress the ugly situation. Despite the copious denial by the Nigeria Immigration Service (NIS), sometime in April last year (2019), that there is no shortage of passport booklets in the country, indications at passport offices across the country is that there are no passport booklets. This is highly regrettable and embarrassing. I spoke with a top immigration officer to know exactly why passport booklets are not available. He said that the reason is that Nigeria’s passport booklets are produced in Malaysia; and that the contract or deal was sealed when the exchange rate of the Naira was low. Given the high exchange rate of the Naira, the immigration, he said, is finding it very difficult to meet up with the demand for the passport booklets by Nigerians, especially as the cost of passport has not been increased to reflect the high exchange rate.” Luke Onyekakeyah, TheGuardian Newspaper.

“The protests and petitions have been deafening over the failure of the Nigerian Immigration Service (NIS) to promptly issue passports to Nigerians who have applied and paid for them. At the Federal Capital Territory and in Lagos, there are many applicants who have waited for months for the passport, which they had applied and paid for and had also, been captured in the data base, but they could not obtain their passports because there are no booklets.” Chiendu Eze, ThisDay Newspaper.

“To end the incessant complain of ‘no booklet’ at passport offices across the country, the House of Representatives has asked the Ministry of Interior to review existing agreements with the Nigerian Security Printing and Minting Company Plc and IRIS Smart Technologies Ltd for the production of passport booklets. Nigerians who have applied for international passports and fulfilled all the requirements are constrained to wait endlessly for their international passports.” Premium Times

“CIVIL society groups have condemned the scarcity and racketeering of passports by some Nigerian Immigration Service officials and their collaborators at the various NIS offices and commands nationwide. The Executive Director, United Global Resolve for Peace, Olaseni Shalom, argued that the passport scarcity was artificial and meant to subvert due process and enrich the pockets of a few corrupt officers.” Adelani Adepegba, The Punch Newspaper.

“As stated earlier, some persons who spoke to THISDAY, alleged that there are booklets which senior officials use as bargaining chips for favours and for monetary reward, noting that, “some people will go there and come back with their new passport. THISDAY learnt that in some passport offices in Lagos before an applicant’s file is treated he or she must pay N5, 000 in addition to the cost of the passport and when it is paid the applicant’s file is signed with green biro.” Chiendu Eze, ThisDay Newspaper.

“International passport is one of the rights enjoyed by citizens all over the world. And in other countries, international passports are obtained with ease as they are issued immediately upon application and therefore Nigerians should not be made to suffer before their rights are given to them.” Premium Times

“House of Representatives has asked the Nigeria Immigration Service to, within 72 hours, issue International Passports to thousands of Nigerians who have applied, paid, captured but were yet to be given their booklets. The ultimatum followed the consideration of a motion titled ‘Call for an End to the Scarcity of International Passport Booklets at Immigration Offices’, moved by Hon. Ugonna Ozurigbo at the plenary.” Levinus Nwabughiogu, Vanguard Newspaper.

Conclusion:
Although the Constitution of Nigeria clearly provides certain limited conditions for the lawful restriction of some fundamental human rights, the scarcity of passport is not one of them. Government of Nigeria must channel the taxpayers fund in meeting up its obligations to Nigerians. It is the duty of government to issue passport and promote the use of lawful boundaries and entry points. Where government fails in this duty, the fundamental human right of Nigerians (particularly, the right to freedom of movement) is or will be violated.

For every legal wrong, there is a legal remedy. Where government or any person violates, attempts to violate or threatens to violate the fundamental human rights of any Nigerian, the Nigerian has the right to seek legal protection and remedies. Among the spots for legal remedies are; the courts of law and the National Human Rights Commission (NHRC). The courts of law include; the State High Courts, the Federal High Courts and the ECOWAS Court of Justice. Nigerians must hold the Nigerian government accountable at all times, to ensure accountability and transparency. Persons suffering or that have suffered from the failure of the government of Nigeria to provide passports to them, should engage their lawyers in pursuit of justice.

My authorities, are:
1. Sections 1, 2, 3, 4, 5, 6, 14, 16, 17, 33 to 45, 214, 215, 216, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 14, 15, 17, 18, 19, 116 and 117 of the Immigration Act 2015
3. Articles 1, 2, 12, 15, 57, 76, 77, Economic Community of West African State (ECOWAS) Revised Treaty, 1993.
4. 1979 Protocol A/P.1/5/79 relating to Free Movement of Persons, Residence and Establishment
5. 985 Supplementary Protocol A/SP.1/7/85 on the Code of Conduct for the implementation of the Protocol on Free Movement of Persons, the Right of Residence and Establishment
6. 1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase (Right of Residence)
7. 1989 Supplementary Protocol A/SP.1/6/89 amending and complementing the provisions of Article 7 of the Protocol on Free Movement, Right of Residence and Establishment
8. 1990 Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Right to Establishment)
9. Embassy of Nigeria  Berlin, “SCARCITY OF PASSPORT BOOKLETS: Notification” (Embassy of Nigeria, 19 November 2020) <https://nigeriaembassygermany.org/SCARCITY-OF-PASSPORT-BOOKLETS_n172-197.htm> accessed 31 May 2021
10. Luke Onyekakeyah, “The unending scarcity of passport booklets” (TheGuardian,28 January 2021) <https://guardian.ng/opinion/the-unending-scarcity-of-passport-booklets/> accessed 31 May 2021
11. Chinedu Eze, “Why Nigerian Passport is Scarce” (ThisDay, 30 April 2021) <https://www.thisdaylive.com/index.php/2021/04/30/why-nigerian-passport-is-scarce/> accessed 31 May 2021
12. Premium Times, “Reps ask Immigration Service to end ‘no booklet’ at passport offices” (Premium Times, 29 April 2021) <https://www.premiumtimesng.com/news/more-news/458389-reps-ask-immigration-service-to-end-no-booklet-at-passport-offices.html> accessed 31 May 2021
13. Levinus Nwabughiogu, “Reps give Immigration Service 72 hours to issue international passports to owners” (Vanguard, 30 April 2021) <https://www.vanguardngr.com/2021/04/reps-give-immigration-service-72-hours-to-issue-international-passports-to-owners/> accessed 31 May 2021
14. Adelani Adepegba, “End scarcity, passport racketeering now, CSOs tell FG” (Punch, 21 April 2021) <https://punchng.com/end-scarcity-passport-racketeering-now-csos-tell-fg/> accessed 31 May 2021.
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69. Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (LearnNigerianLaws.com, 3 December 2019) <https://learnnigerianlaws.com/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
70. Onyekachi Umah, “How Lagos State Is Legislatively Ahead Of Other States” (LearnNigerianLaws.com, 30 September 2020 <https://learnnigerianlaws.com/how-lagos-state-is-legislatively-ahead-of-other-states/ > accessed 20 April  2021
71. Onyekachi Umah, “The First Virtual Court Hearing Was In Borno State And Not In Lagos State.” (LearnNigerianLaws.com, 1 June 2020) <https://learnnigerianlaws.com/the-first-virtual-court-hearing-was-in-borno-state-and-not-in-lagos-state-daily-law-tips-tip-579-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
72. Onyekachi Umah, “Emotional, Verbal And Psychological Abuse Is Now Criminal Offences” (LearnNigerianLaws.com, 3 September 2019) <https://learnnigerianlaws.com/emotional-verbal-and-psychological-abuse-is-now-criminal-offence/> accessed 28 April 2021
73. Onyekachi Umah, “Forcing Wife to Stop Work is Now A Crime” (LearnNigerianLaws.com, 21 April 2021) <https://learnnigerianlaws.com/forcing-wife-to-stop-work-is-now-a-crime/https://learnnigerianlaws.com/forcing-wife-to-stop-work-is-now-a-crime/> accessed 26 April 2021
74. Onyekachi Umah, “It Is Now An Offence To Force Wife/Husband To Stop Working” (LearnNigerianLaws.com, 28 May 2019) <https://learnnigerianlaws.com/it-is-now-an-offence-to-force-wife-husband-to-stop-working-daily-law-tips-tip-340-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
75. Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (LearnNigerianLaws.com, 2 March 2021) <https://learnnigerianlaws.com/seizing-or-destroying-the-property-of-a-spouse-is-a-crime/> accessed 20 April 2021
76. Onyekachi Umah, “Hiding/Concealing Domestic Violence Is A Crime” (LearnNigerianLaws.com, 11 December 2020) <https://learnnigerianlaws.com/hiding-concealing-domestic-violence-is-a-crime/> accessed 20 April 2021
77. Onyekachi Umah, “Domestic Violence Is A Crime Not A Family Dispute” (LearnNigerianLaws.com, 10 December 2020) <https://learnnigerianlaws.com/domestic-violence-is-a-crime-not-a-family-dispute/ > accessed 20 April 2021
78. Onyekachi Umah, “Why Lagos State Needs A VAPP/SGBV Law” (LearnNigerianLaws.com, 26 January 2021) <https://learnnigerianlaws.com/why-lagos-state-needs-a-vapp-sgbv-law/> accessed 20 April 2021
79. Onyekachi Umah, “Lagos State Has No VAPP/SGBV Law !” (LearnNigerianLaws.com, 8 December 2020) <https://learnnigerianlaws.com/lagos-state-has-no-vapp-sgbv-law/> accessed 20 April 2021
80. Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (LearnNigerianLaws.com, 4 December 2020) <https://learnnigerianlaws.com/an-access-to-criminal-laws-in-nigeria/ > accessed 20 April 2021
81. Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (LearnNigerianLaws.com, 3 December 2020) <https://learnnigerianlaws.com/8-new-things-about-rape-laws-in-nigeria/ > accessed 20 April 2021
82. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (LearnNigerianLaws.com, 20 November 2020) <https://learnnigerianlaws.com/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/ > accessed 20 April 2021
83. Onyekachi Umah, “Can A Woman Be Charged With Rape” (LearnNigerianLaws.com, 24 June 2020) <https://learnnigerianlaws.com/can-a-woman-be-charged-with-rape-daily-law-tips-tip-595-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 20 April 2021
84. Onyekachi Umah, “Can A Husband Rape His Wife” (LearnNigerianLaws.com, 19 June 2020) <https://learnnigerianlaws.com/can-a-husband-rape-his-wife-daily-law-tips-tip-592-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
85. Onyekachi Umah, “When Is Seduction Or Indecent Dressing A Justification For Rape In Nigeria?” (LearnNigerianLaws.com, 18 June 2020) <https://learnnigerianlaws.com/when-is-seduction-or-indecent-dressing-a-justification-for-rape-in-nigeria-daily-law-tips-tip-591-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
86. Onyekachi Umah, “New Punishment For Rape In Nigeria” (LearnNigerianLaws.com, 23 June 2020) <https://learnnigerianlaws.com/new-punishment-for-rape-in-nigeria-daily-law-tips-tip-594-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
87. Onyekachi Umah, “Rape Cannot Be Settled Out Of Court (No Room For Pay-Off/Forgiveness/Withdrawal Of Complaints” (LearnNigerianLaws.com,26 June 2020) <https://learnnigerianlaws.com/rape-cannot-be-settled-out-of-court-no-room-for-pay-off-forgiveness-withdrawal-of-complaints-daily-law-tips-tip-596-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
88. Onyekachi Umah, “A Female Too, Can BE Guilty Of Rape” (LearnNigerianLaws.com, 13 December 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-248-a-female-too-can-be-guilty-of-rape-in-nigeria/ > accessed 20 April 2021
89. Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020) <https://learnnigerianlaws.com/ages-at-which-sexual-intercourse-with-consent-will-amount-to-rape-daily-law-tips-tip-509-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
90. Onyekachi Umah, “How To Prove Rape In Nigeria).” (LearnNigerianLaws.com, 2 July 2019) <https://learnnigerianlaws.com/how-to-prove-rape-in-nigeria-daily-law-tips-tip-363-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 April 2021
91. Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (LearnNigerianLaws.com, 27 March 2020) <https://learnnigerianlaws.com/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
92. Onyekachi Umah, “Female Genital Mutilation/Cutting/Elongation, Breasts Ironing And Forced Marriage Are Now Criminal Offences In Nigeria” (Daily Law Tips [443]) <https://learnnigerianlaws.com/female-genital-mutilation-cutting-elongation-breasts-ironing-and-forced-marriage-are-now-criminal-offences-in-nigeria-daily-law-tips-tip-443-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 April 2021
93. Onyekachi Umah, “Harmful Widowhood Practices (Traditions) Are Illegal In Nigeria” (Daily Law Tips [Tip 589]) <https://learnnigerianlaws.com/harmful-widowhood-practices-traditions-are-illegal-in-nigeria-daily-law-tips-tip-589-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
94. Onyekachi Umah, “Forceful Isolation/Separation Of Family Members/Friends Is Now An Offence In Nigeria” (Daily Law Tips [356]) <https://learnnigerianlaws.com/forceful-isolation-separation-of-family-members-friends-is-now-an-offence-in-nigeria-daily-law-tips-tip-356-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 120 April 2021
95. Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-onitsha-people-of-anambra-state-nigeria-daily-law-tips-tip-522-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
96. Onyekachi Umah, “Citizen By Marriage Is Discriminatory and Against Nigerian Women”, (LearnNigerianLaws.com, 14 September 2020) <https://learnnigerianlaws.com/citizen-by-marriage-is-discriminatory-and-against-nigerian-women/ > accessed 20 April 2021
97. Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-yoruba-people-of-nigeria-daily-law-tips-tip-523-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
98. Onyekachi Umah, “Can a Married Woman Inherit Her Parents Property?” (LearnNigerianLaws.com, 27 March 2020) <https://learnnigerianlaws.com/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
99. Onyekachi Umah, “Approval For Marriage Of Female Officers/Staff Is Unconstitutional and Discriminatory”, (LearnNigerianLaws.com, 23 September 2020) <https://learnnigerianlaws.com/approval-for-marriage-of-female-officers-staff-is-unconstitutional-and-discriminatory/ > accessed 20 April 2021
100. Onyekachi Umah, “It Is An Offence To Chase Out Wife/Husband From A Home Or Even Attempt To Do So” (LearnNigerianLaws.com, 17 May 2019) <https://learnnigerianlaws.com/it-is-an-offence-to-chase-out-wife-husband-from-a-home-or-even-attempt-to-do-so-daily-law-tips-tip-333-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
101. Onyekachi Umah, “Examining Brutalization of House Helps in Nigeria. (An Exposé on Anti-Cruel Labour Laws in Nigeria)” (LearnNigerianLaws.com, 3 August 2020) <https://learnnigerianlaws.com/examining-brutalization-of-house-helps-in-nigeria-an-expose-on-anti-cruel-labour-laws-in-nigeria-daily-law-tips-tip-623-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 27 April 2021
102. Onyekachi Umah, “11 States That Do Not Protect Children In Nigeria” (LearnNigerianLaws.com, 31 May 2021) <https://learnnigerianlaws.com/11-states-that-do-not-protect-children-in-nigeria/> accessed 31 May 2021

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