Under what grounds an Immigrant can be refused entry or deported from Nigeria?

A non-national can only be expelled “by a virtue of a decision taken in accordance with the law”. Under section 18 of the Immigration Act, the following prohibited immigrant cab be refused entry or deported from Nigeria:

  • Any person who is without visible means of supports or is likely to become a public charge;
  • Any idiot, insane person, or person suffering from any other mental disorder;
  • Any person convicted in any country of any crime wherever committed, which is an extradition crime within the provisions of the Extradition Act;
  • Any person whose admission would in the opinion of the Minister be contrary to the interest of national security;
  • Any person against whom an order of deportation from Nigeria is in force;
  • Any person who-
  1. Has not in his possession a valid passport; or
  2. Being a person under the age of sixteen years has not in his possession a valid passport or is unaccompanied by an adult on whose valid passport particulars of such person appear;
  • Any prostitute;
  • Any person who is or has been-
  1. A brothel keeper,
  2. A householder permitting the defilement of a young girl on his premises,
  • A person allowing a person under thirteen years of age to be in a brothel,
  1. A person causing or encouraging the seduction or prostitution of a girl under thirteen years of age,
  2. A person trading in prostitution, or
  3. A procurer

 

Who can be extradited and what are the procedures?

Under a treaty or on the basis of reciprocity, a state can surrender to another, on its request, an accused person or convict for crimes committed in the requesting state. Extradition processes are carried out through diplomatic channels and the rational for this is that serious crimes committed in another state may not go unpunished.

A number of issues must be settled before extradition can take place.

  1. The person requested for must be extraditable
  2. There must be extraditable crime as provided in treaty/law

Such request may be refused if contrary to the terms of the treaty or related to political or military offences, or is contrary to the constitution or prejudicial to the national interest of the requested state.

 

On what grounds can my international passport be seized?

There is a difference between seizing a passport and withdrawing passport. While withdrawn can be permanent until you get another one, seizure is temporary and can be release at the appropriate time. Seizure applies mainly to restriction on the right of exit from Nigeria not movement within. A good example is the seizure of the passport of a criminal suspect, or convict, or his incarceration, although within limits and scope of the law.

 

I am going to ECOWAS Countries. I learnt that I don’t need visas. Any useful information?

Article 2(1) of the protocol to the ECOWAS treaty on free movement of persons, residence and establishment[1] gives community citizens “the rights to enter, reside and establish in the territory of member states”.

Such entry not more than ninety days should be free of visa requirement after which extension can only be granted by an authorized immigration official.

Note that you must possess a valid passport issued by a member state identifying you and on which immigration officials can make endorsement[2].

Kindly note, that one can still be refused entry if regarded as inadmissible Immigrant under its laws.[3]

[1] Official Journal of ECOWAS, Vol. 1, June 1979

[2] Article 1 & 3 of the Protocol

[3] Article 4 of the Protocol

When can my passport be withdrawn?

Despite that your passport is an integral aspect of your fundamental right to movement, it can be withdrawn from you as provided under the Passport (Miscellaneous Provisions) Act[1] on the following grounds if:

  • The passport is obtained by fraud;
  • The passport has expired;
  • A person unlawfully holds more than one passport at the same time; and
  • It is in the public interest to do so.

[1] Section 35(1)

Can I be refused exit from Nigeria

This right simply means the right to travel outside Nigeria. Before a Nigerian will travel outside the country, it is mandatory that he/she posses a valid international passport issued by the government of Nigeria. The implication is that every Nigeria citizen has the right to own a passport.

However, you must meet up with certain requirement in order to be issued a passport and the requirement must not be so tough in order to disqualify or discriminate certain classes of people.

However, it is important that before you can travel out of Nigeria, you must have a valid visa of the country of your destination. Visas are issued by embassies of the country which you intend to visit. Without a visa, visa on arrival or other satisfactory means of lawful travel, Nigerian authority may be justified in refusing you exit from Nigeria at the airport or certified place of departure.

I am coming home (Nigeria) Can I be refused entry into Nigeria?

The hallmark of citizenship is the ability of a citizen to enter his country at any point in time. This right is very important that it is classified as fundamental right in Nigeria and universally recognized. This right is absolutely in favour of a citizen of Nigeria citizen.[1] A non-citizen may however be refused entry on lawful grounds.[2]

[1] See section 1(2)(d)&(e) Immigration Act

[2] Sections 7 & 18 Immigration Act

My right not to be expelled from Nigeria

If you are a citizen of Nigeria, you have an absolute right not to be expelled from Nigeria. As a citizen of Nigeria, you cannot be denied of this important right. About three decades ago, a particular citizen was expelled from Nigeria but the court held that the authority lacked the power to expel any Nigerian citizen.[1]

 

[1] Shugaba V. Minister for Internal Affairs (1981) 1 NCLR 25.

My right as a Nigerian to reside in any part of Nigeria

Since our freedom to move from one place to another state is guaranteed, the next freedom should be right to reside or be domiciled in any part of Nigeria either permanently or temporarily. A citizen of Nigeria is free to change his residence as it pleases him or her without any restriction from the Federal, State or local authorities.

 

Driving offences and penalties in Nigeria

Since one of the means of enjoying to right to freedom of movement is transportation, the most popular means of transportation in Nigeria by road. However, you need to know what can constitute an offence while driving in Nigeria and the penalties the followed. They are provided below.

Offences & Penalties

S/NO TICK INFRINGEMENT (S) CODE POINTS PENALTY CATEGORY
1 LIGHT/SIGN VIOLATION LSV 2 2,000 2
2 ROAD OBSTRUCTION ROB 3 3,000 1
3 ROUTE VIOLATION RTV 5 5,000 1
4 SPEED LIMIT VIOLATION SLV 3 3,000 1
5 VEHICLE LICENCE VIOLATION VLV 3 3,000 2
6 VEHICLE NUMBER PLATE VIOLATION NPV 3 3,000 1
7 DRIVER’S LICENCE VIOLATION DLV 10 10,000 2
8 WRONGFUL OVERTAKING WOV 3 3,000 1
9 ROAD MARKING VIOLATION RMV 5 5,000 1
10 CAUTION SIGN VIOLATION CSV 3 3,000 3
11 DANGEROUS DRIVING DGD 10 50,000 1
12 DRIVING UNDER ALCOHOL OR DRUG INFLUENCE DUI 5 5,000 2
13 OPERATING A VEHICLE WITH FORGED DOCUMENTS OFD 10 20,000 2
14 UNAUTHORIZED REMOVAL OF OR TAMPERING WITH ROAD SIGNS UTS 5 5,000 1
15 DO NOT MOVE VIOLATION DNM 2 2,000 2
16 INADEQUATE CONSTRUCTION WARNING ICW – 50,000 1
17 CONSTRUCTION AREA SPEED LIMIT VIOLATION CAV 3 3,000 1
18 FAILURE TO MOVE OVER FMO 3 3,000 1
19 FAILURE TO COVER UNSTABLE MATERIALS FCM 5 5,000 1
20 OVERLOADING OVL 10 10,000 1
21 DRIVING WITH WORN-OUT TYRE OR WITHOUT SPARE TYRE TYY 3 3,000 1
22 DRIVING WITHOUT OR WITH SHATTERED WINDSCREEN VWV 2 2,000 1
23 FAILURE TO FIX RED FLAG ON PROJECTED LOAD FFF 3 3,000 1
24 FAILURE TO REPORT ROAD ACCIDENT FRC 10 20,000 1
25 MEDICAL PERSONNEL OR HOSPITAL REJECTION OF ROAD ACCIDENT VICTIM RAV – 50,000 1
26 ASSAULTING MARSHAL ON DUTY AMD 10 10,000 2
27 OBSTRUCTING MARSHAL ON DUTY OMD 2 2,000 2
28 ATTEMPTING TO CORRUPT MARSHAL ACS 10 10,000 2
29 CUSTODY FEE N200 per day after 24 hours –
30 DRIVING WITHOUT SPECIFIED FIRE EXTINGUISHER FEV 3 3,000 3
31 DRIVING A COMMERCIAL WITHOUT PASSENGER MANIFEST PMV 10 10,000 2
32 DRIVING WITHOUT SEAT BELT SUV 2 2,000 1
33 USE OF PHONE WHILE DRIVING UPD 4 4,000 1
34 DRIVING A VEHICLE WHILE UNDER 18 YEARS UDR – 2,000 1
35 RIDING MOTORCYCLE WITHOUT A CRASH HELMET RMH 2 2,000 1
36 EXCESSIVE SMOKE EMISSION ESE 5 5,000 1
37 MECHANICALLY DEFICIENT VEHICLE MDV 5 5,000 1
NOTE: Custody fee on impounded Motor vehicle and Motorcycle/Tricycle is N200.00 per day payable after initial 24 hours of grace