*As Citizen Commons Calls Passport Judgment A Victory For All Nigerians
A Federal High Court sitting in Abuja has ordered the Nigerian Immigration Service (NIS) and its Comptroller General to pay a total of ₦3 million in damages to Benita Ngozi Ezumezu for violating her fundamental right to freedom of movement by failing to issue her international passport within 6 weeks of application.
Delivering the ruling in suit number FHC/ABJ/CS/1505/2022, Justice Emeka Nwite held that the inability of the NIS to issue the passport to Ezumezu 14 weeks after she fulfilled all requirements, including biometrics capture, contravened Section 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which guarantees citizens’ freedom of movement.
The court declared that the NIS has a public duty to issue international passports to Nigerians within 6 weeks of application and meeting all prerequisites. It ordered the NIS to henceforth issue passports within this timeframe. Justice Nwite further declared that the failure to timely issue the passport caused Ezumezu to suffer monetary and professional losses.
Consequently, the court awarded the sum of ₦3 million against the first and second respondents, the NIS and its Comptroller General respectively, as general damages for the fundamental rights breach and losses incurred by the applicant.
The enrolled order, dated 16th December 2024, restates the applicant’s case that she applied for an international passport, fulfilled all conditions, but did not receive the passport 14 weeks later, leading her to approach the court for enforcement of her right to freedom of movement.
Reacting to the judgment, Citizen Commons, a social action organization, has lauded the Federal High Court’s judgment in favor of Benita Ngozi Ezumezu, its Program Manager, against the Nigerian Immigration Service (NIS) described the ruling as a “milestone victory for Nigerians.” The organization emphasized that the judgment underscores the rights of every citizen to demand accountability and timely service from government agencies.
“This judgment is not just about Benita; it represents the plight of millions of Nigerians who have faced endless delays and inefficiencies from the Nigerian Immigration Service and other government institutions,” said a spokesperson for the organization.
Citizen Commons noted that the delays in passport issuance have become a source of frustration for Nigerians, often exacerbated by corruption and the artificial scarcity of passports. “It is unacceptable that a service as critical as passport issuance, which citizens pay for, is plagued by inefficiency and bribery,” the organization stated.
The NGO called on the Federal Competition and Consumer Protection Commission (FCCPC) to investigate the NIS’s service delivery processes and ensure that timely issuance of passports becomes the norm.