CASE OF PASSPORT DESTRUCTION AT MMIA: CLARIFYING A FEW ISSUES

The Nigeria Immigration Service (NIS) has announced that it has launched a formal investigation into the allegation making the rounds on social media that a female traveler had destroyed a Nigerian Passport at the Murtala Muhammed International Airport, Lagos. The NIS also stated that the female traveler has been identified and would be invited for further investigation. The NIS confirmed that if the allegations are substantiated, the woman’s actions would constitute a breach of the relevant provisions of the Immigration Act 2015 (as amended). 

https://x.com/nigimmigration/status/1822856451804602486?t=ymXdibOJ7AFZqPfdbPXJSw&s=09

In citing the relevant sections of the Act, the NIS made two obvious, but negligible, errors as stated in the Press Release. First, the applicable section is Section 10(1)(b) and not Section 10(b) as stated by the NIS. Second, the penalties are outlined under the subsection—Section 10(1) and not Section 10(h) (which ought to be properly cited as Section 10(1)(h) in the first place). 

It is important that laws are properly cited for the sake of clarity and certainty, especially when approaching the court. However, errors in citing laws or even charging any person to court under a wrong law cannot exculpate the person charged. Where an accused person is charged under a wrong law, the trial and conviction will still stand provided the offence for which he was charged was an existing offence under an existing law.

Section 10(1)(a)-(h) of the Immigration Act 2015 provides for certain offences in relation to passports, and the same subsection—Section 10(1) also provides for the punishment. The part relevant to the allegation of destroying a Nigerian Passport is Section 10(1)(b) which captures “A person who unlawfully alters, tampers with or mutilates any passport or any pages thereof…” Section 10(1)(h) addresses any person who “attempts, aids, abets, counsels, procures, connives or conspires with any other person to do any of the acts mentioned in this subsection”. The acts referred to in Section 10(10(h) are all contained in Section 10(1)(a)-(g).

*Section 10(1)(a)-(h) in full:

A person who —

(a) has, holds or is in unauthorised possession of more than one valid standard Nigerian Passport,

(b) unlawfully alters, tampers with or mutilates any passport or any pages thereof,

(c) knowingly makes or causes to be made any false statement for the purpose of procuring a passport whether for himself or for another person, 

(d) submits multiple application forms to one or more passport offices with the intention of obtaining multiple passports,

(e) knowingly conceals, hides from or fails to disclose to the proper authority the loss of a passport,

(f) acts as a broker at or in the vicinity of any passport office or elsewhere, for the procurement of a passport,

(g) forges or traffics in passports or holds or is in possession of any forged passport knowing the same to be forged, or

(h) attempts, aids, abets, counsels, procures, connives or conspires with any other person to do any of the acts mentioned in this subsection,

commits an offence and is liable on conviction to imprisonment for a term of ten years or a fine of Two Million Naira or both.

As seen above, paragraph (h) of Section 10(1) creates different acts which also constitute offences in relation to the specific acts mentioned in paragraphs (a) to (g). Any of these acts mentioned in paragraphs (a) to (h) are punishable with imprisonment, fine, or both imprisonment and fine.

NIS intervention is a welcome development

The prompt intervention of the NIS is a welcome development. It will help create public awareness about Nigerian laws which some citizens are not aware exist. Although ignorance of the law is no excuse, public awareness will help others not to fall short of the law in ignorance. Taking necessary legal actions will also send the right signals to those who often say there are no laws in Nigeria.

As seen in the trending video, one could deduce that the “couple” were apparently having some unresolved marital issues which led the woman to allegedly destroy the passport which appears to belong to the man. It is advisable that people should learn to hire the services of dispute resolution specialists to assist them with expert ideas on how to address and resolve their disputes using lawful means. This will ultimately be in their best interest and in the interest of others who might be affected by their decisions. 

*Section 10(1)(a)-(h) means Section 10, subsection 1, paragraphs (a) to (h).