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Domestic violence, the rage and mutilation of Nigerian passport: The implications By Dr. Charles Okafor

Nigerian passports

The lady who publicly tore her husband’s Nigerian Standard Passport at the Murtala Muhammed International Airport (MMIA), Lagos, Nigeria over the weekend has been identified as Mrs. Favour Igiebor. This is according to a Press release by the Nigerian Immigration Service (NIS) Public Relations Officer, on August 11, 2024.

The video clip showing her actions at the airport and subsequent ones on her Social media channel indicate that there was unease in the Igiebor’s home prior to their journey. The rage culminated to the ugly incident, leading to the damage of the Nigerian document, held on behalf of the government by the citizens.

The passport is a government document issued to a citizen for travels abroad, that certifies the identity and nationality of the holder. The passport is an official document issued by the Nigerian Immigration Service on behalf of the government, through the Immigration Act, 2015 (as amended), Part 11, section 9(1).

The inside cover page of the Nigerian passport states the authority and owner of the document thus:
“These are to request and require in the name of the President and Commander -in-Chief of the Armed Forces of the Federal Republic of Nigeria all those whom it concern to allow the bearer to pass freely without let or hinderance and to afford him or her every assistance and protection of which he or she my stand in need.”

The inside back page makes it clearer with the word, “CAUTION” and then states: “This passport remains the property of the Government of the Federal Republic of Nigeria and may be withdrawn at any time. It is a valuable document and should not be altered in any way or allowed to pass into the possession of unauthorised person. If lost or destroyed, the fact and circumstances should be immediately reported to the Passport Office, Abuja or the nearest Nigerian Mission or Consulate and to the local police. New passports can be issued in such cases only after exhaustive enquiries.”

The comments of Mrs. Favour Igiebor, claiming right to destroy the passport betrayed her ignorance of the rightful owner of the document and the government’s authority over it. This ignorance exists among Nigerians of all classes. The assumption is that since the passport is procured at a fee, it is the property of the bearer. However, that is not the true position.

What are the likely consequences of Mrs. Favour Igiebor’s action? The action is clearly a contravention of the IMMIGRATION ACT, 2015 (as amended), Part VIII, Section 3(c) which states that: “If a person, without lawful authority alters any document issued or made under or for the purpose of this ACT………,(the person) commits an offence.”

Section 5 of the same Part VIII makes it clear that “Any person who commits any of the offences prescribed under Subsection (3) of this Section is liable to imprisonment for a term of five years or a fine of Two Million Naira, or both.” It went further in Section 7 to say: “Where a person is charged under this Act and the evidence establishes the Commission of the full offence, the offender shall not be entitled to acquittal but shall be convicted of the offence as prescribed by this Act.” In addition, the passport shall be withdrawn and only can be issued by the Order of the Minister.”

The case of Mrs. Favour Igiebor is a litmus test for the Nigeria Immigration Service and a test of the Immigration Act, 2015 (as amended).

The outcome will serve as a deterrent or otherwise to potential offenders. Unfortunately, the Immigration Officers at the scene of the offence did not act swiftly to apprehend the culprit. Section 60, Subsection (4) gives an Immigration Officer the power to arrest without warrant any person who he or she has reasonable grounds to believe has committed an offence under this Act. In the case of Mrs. Igiebor, she did not only commit the offence in the full glare of Nigerians, she boasted about it.

*Okafor, Ph.D, fsi, Pcc+, is a Retired Comptroller of Immigration Service (CIS Rtd.)

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