Citizen’ Common Laudes the Judiciary in the Judgement affirming the Citizens’ Right to Timely Service Delivery and the award of general damages in the sum of Three Million Naira against the Nigeria Immigration Service for failure to Issue an International Passport within 6 weeks of application.

Press Statement /For Immediate Release.

Wednesday, 18 December, 2024

Benita Ngozi Ezumezu Vs Nigerian Immigration Service and the Honourable Minister of Interior.

(Suit No: FHC/ABJ/CS/75/2023)

Distinguished Members of the Press, legal partners, and members of the public. Today, we are gathered at this press briefing to review the recent judgement delivered by Hon Justice Emeka Nwite of the Federal High Court, in the fundamental right suit filed by our own Benita Ezumezu in assertion of her Fundamental rights to freedom of movement as guaranteed in Section 41 of the Constitution of the Federal Republic of Nigeria, 199 (As amended). We are happy to announce that the judgement in this suit has been reserved in favour of Benita, our program manager. As a social action organization, committed to empowering everyday citizens to take social action targeted at solving small and big societal challenges using the power of community, collaboration, innovation, and technology. This case is very important to us because it further reflects our commitment to helping everyday Nigerians to use the power of the law to seek better governance, advocate for improve service delivery and hold leaders accountable.

Our interest in Benita’s case is not just because she is a staff in our organization, but primarily because the service quality of the Nigerian Immigration Service has diminished to an all-time low in the last few years. The frustrating experiences of Nigerians seeking to procure international passports in the hands of the NIS officials must be stopped. We understand that the service may have slighted be improved in recent months under the current administration. However, we know that this case highlights the plights of most Nigerians in the hands of many government ministries, departments and agencies when it comes to service delivery.

After Almost two years of litigation, we are glad that justice has been served in this matter. All the prayers sought in the case was granted by the judge. We are particularly glad that the judgment declarations and order:

1. The declaration that non issuance of passport 14 weeks after the applicants has met all the requirements as stipulated in the constitution constitute a contravention of Nigerians freedom of movement guaranteed under the CFRN, 1999 (as amended) as well as the Article 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement).
2. The declaration that the Nigerian Immigration Services must adhere to issuance of passport forthwith within 6 weeks after applicants successful meets all the requirements including the biometrics enrolment.
3. The order directing the Nigerian Immigration Service to pay the sum of three million Naira (N3,000,000.00) to the applicant as damages for the loss incurred for failure to issue her passport in time and infringing on her personal freedom.
4. The declaration that non-issuance of a Nigerian passport to the applicant 14weeks after biometrics enrolment had occasioned both monetary and professional loss to her.

We commend the judiciary for serving justice on this matter. This is a landmark and precedent judgement asserting the right of every Nigerian to demand to be served right, especially when such service is tied to a fundamental right, such as freedom of movement. It should not be acceptable that services that can only be provided by the government remain poorly delivered without consequences. Majority of Nigerian continue to suffer unrepairable loss for bad service quality from government MDAs and it is time make things work.

The award of the three million Naira (N3,000,000.00) in general damages to the applicant is a reminder to every Nigerian that the law remains a shield again bad experiences and services from government ministries, departments and agencies. We must sound the alarm that losses incurred in the process of poor service delivery can be remedied through the courts, and this is an example. It is also a reminder to public service providers that consequences exist for poor service delivery.

Circumstances of the Case.

On 6 October 2022, when Benita Ezumezu, a staff of Citizen Commons walked into the Nigerian Immigration Service (NIS) headquarters office in Abuja for her biometric capturing, after meeting all the required conditions as stipulated by the law, she had no idea that 16 weeks down the line, she will have no passport in sight. After exhausting all avenues to get her passport issued and missing multiple professional development opportunities that require overseas travel, she has no choice but approach the Court to seek enforcement of her fundamental rights which the NIS continue to violate by refusing to issue her passport. She approached the court to seek an order requesting an immediate issuance of her passport having met all conditions as required by the law and financial compensation for the avoidable losses this ordeal has caused her and her career. The case was then assigned to court 8 of the Federal High Court, Abuja and was litigated till judgment was delivered and enrolled 16^th December 2024.

We know that Benita’s plight is similar to hundreds of thousands of Nigerians who continue to suffer immeasurable losses from poor service delivery and corruption within the ranks of the Nigerian Immigration Service officials and their principals. The six weeks collection window is continuously communicated by the NIS officials as the expected service timeline has not been adhered to in this instance and many more cases. The continuous delay in the issuance of passports to qualify Nigerians without just cause is unacceptable and the Nigerian Immigration Services, as well as the Minister of the Interior, must be held accountable for this anomaly. The NIS mandate to issue passports is a public service and by all standards should be treated as a commercial transaction because Nigerians are paying for this service

It is surprising that despite the array of agile productivity-enhancing technology available to the NIS, and billions of Naira in revenue and investment of taxpayers’ money, they continue to disappoint Nigerians, it is time they start paying for these delays. We Thank Hon. Justice Emeka Nwite for holding the Nigerian Immigration Service accountable for continuous failure to meet its obligations to the Nigerian public in this regard. There is simply no excuse for the continuously disappointing service standards except for the fact that the artificial scarcity benefits their NIS officials who encourage the payment of bribes for better and faster service delivery from Nigerianshis cannot go on.

We call on the Federal Competition and Consumer Protection Commission to begin an immediate investigation into the Nigerian Immigration Services policies, practices and treatment of Nigerians who paid the service to issue passports and remain frustrated and denied their right to an acceptable standard of service. The NIS’s disposition towards passport issuance cannot continue the way it is.

Our hope is that Benita’s case will serve as an advocacy and awareness tool to Nigerians, as a conformation that our rights still matter, and we can and must demand better from our leaders and public institutions. We believe the Judiciary remains an option of last resort in any effort to access service with any government agency and confident the judiciary will continue to help Nigerians with enforcement of our fundamental rights and shield us from the incessant relegation if duty and of many public institutions in Nigeria.

A New Nigeria is possible.

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About Citizens Common

Citizens’ Common Advocacy International is a citizen action organisation, committed to empowering everyday citizens to take social action targeted at solving small and big societal challenges using the power of community, collaboration, innovation and technology. Through our Community Impact Spaces, we provide the platform to incubate social ideas, engage in community dialogue, explore policy solutions, resource social entrepreneurs, civic leaders and community activists in their resolve to find innovative solutions to social problems. We are an emerging social impact organisation committed to resourcing a generation of social changemakers in their effort to hold the government accountable, promote active citizen participation, and make democracy work for the people. Our interventions are targeted as promoting the principles of a democratic, just, peaceful and thriving society, ensuring accountable governance and open government, advancing citizens’ rights and civic engagement, activating citizen action for social impact makers and promoting the success of sustainable development goals locally. Our LegalCommons programming provides opportunities to use the instrumentation of the law to provide increased political and social accountability, expand access to justice and capacity building to citizens and legal practitioners.

Legal Commons is a legal innovation and access to justice project of CitizenCommons. Through the LegalCommons Connect we nurture a virtual and physical community of legal practitioners, activists, media professionals and everyday citizens to activate collective action and innovation and access to justice, human rights and socio-economic rights. Our LegalCommons Hub – provides a co-working space for new attorneys, an event space, and a community legal resource centre. We leverage technology and collaboration, use the instrumentation of the law to shape policy, expand access to social services, protect citizens’ rights, hold the government accountable, and make public officeholders work for the people they serve.