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Court Orders Interior Minister, Immigration Service To Issue Passports Promptly, Awards N3 Million To Aggrieved Applicant

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In a significant judgment, the Federal High Court in Abuja has directed the Interior Minister, Olubunmi Tunji-Ojo, and the Nigeria Immigration Service (NIS) to ensure that applicants meeting all the requirements for international passports are issued their documents within six weeks, as stipulated by Section 9(4) of the Immigration Act, 2015.

Justice Emeka Nwite issued the ruling on December 4 in response to a fundamental rights enforcement suit filed by a Nigerian citizen, Benita Ngozi Ezumezu. The case, marked FHC/ABJ/CS/75/2023, arose after Benita alleged that despite completing all necessary procedures for a passport on October 6, 2022, the NIS failed to deliver her document even after 14 weeks, violating her right to freedom of movement.

In his judgment, Justice Nwite dismissed the respondents’ defenses, upheld Benita’s claims, and granted all her reliefs, including an order compelling the NIS to issue her passport immediately. The court also awarded her N3 million in damages, describing the delay as a violation of her fundamental rights.

“As of October 6, 2022, the applicant had fulfilled all the requirements and was qualified to be issued a passport within six weeks,” Justice Nwite stated. He further emphasized that the NIS must adhere to the Immigration Act’s timeline for service delivery, adding that citizens must not bear the burden of systemic inefficiencies.

The judgment has been hailed as a watershed moment by Citizens’ Common (CC), a civil society organization and Benita’s employer. Speaking on behalf of CC, its Chief Executive, Olalekan Oshunkoya, commended the judiciary for upholding the rights of Nigerians and addressing the recurring issues of poor service delivery in public institutions.

“Our interest in Benita’s case extends beyond her being our staff member. This judgment underscores a larger systemic issue—the diminishing quality of services provided by the Nigeria Immigration Service over the years,” Oshunkoya said.

While acknowledging slight improvements in recent months, Oshunkoya stressed that Benita’s ordeal reflects the frustrations of many Nigerians navigating bureaucratic red tape to secure essential services.

“This ruling sends a strong message that the era of poor service delivery without accountability is over. The N3 million damages awarded are a reminder that the judiciary stands as a bulwark against inefficiency and the violation of citizens’ rights,” he added.

The Ezumezu case has reignited conversations about service delivery standards across government ministries, departments, and agencies (MDAs). Analysts note that the ruling is a wake-up call to public service providers, emphasizing that inefficiencies carry legal and financial consequences.

“This landmark judgment affirms the principle that freedom of movement, a fundamental right, cannot be undermined by administrative failures. It encourages Nigerians to seek legal redress when government agencies fail to meet their obligations,” Oshunkoya remarked.

The NIS has faced mounting criticism in recent years over delays and inefficiencies in processing passports, a critical service for citizens. While the agency claims it is working to improve service delivery, cases like Ezumezu’s highlight the urgent need for systemic reforms to restore public confidence.

Justice Nwite’s decision has sparked renewed hope among citizens that the judiciary remains a steadfast defender of their rights. For Benita Ngozi Ezumezu and countless others, the ruling is not just a personal victory but a collective milestone in the fight for accountability in public service.

The court’s directive reinforces a critical message: timely and efficient service delivery is not a privilege but a right every Nigerian can demand—and enforce—when denied.

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