By Ozor Chinedu
30 JUNE 2016-The Federal Minister of Interioris charged with the responsibility of overseeing the Nigerian Immigration Service. Section 3(2) of the Immigration Act 2015 emphasizes the supervening powers of the Minister of Interior in matters of Policy initiation and sustenance. This is the practice in most countries including Afghanistan, Albania, Germany, Austria, Spain, Egypt, and Argentina. Similarly, in India, Singapore, Indonesia, and Zimbabwe, the Ministry of Home Affairs supervises the immigration Service while the Home Office in UK and the Department for Homeland Security in the U.S. coordinate immigration matters just as Ministry of Public Safety or Minister of Citizenship and Immigration play this role in China and Canada respectively.
The need to ensure uniformity of policies, accountability and coordination in the execution of government policies and programs necessitated the placement of immigration activities under a supervening body to engender the sustainability of economic and social goals of government. In recognition of the importance of the Minister of Interior in the Immigration process, Sections 52(1) and 116 of the 1968 and 2015 Acts respectively describe the Minister of Interior as “minister charged with the responsibility for immigration.”
Section 112 of the 2015 Act empowers the Minster to make regulations which, in his opinion, are necessary or expedient for giving full effect to the provisions of the Act and of the due administration thereof. These include regulations for the control of immigrants resident in Nigeria; patrol of the air, sea, and land borders; administration, control and issuance of passports, visas and other travel documents.
The Comptroller General (CG) who is charged with the responsibility of the day to day administration of the 2015 Act and of the Immigration Service is responsible to the Minister of Interior on matters of policy. Although, the CG is given the power inS.9 to issue Nigerian passports of all kinds to qualified persons, S. 13 of the Act specifically empowers the Minister to cancel or withdraw any such passport if the holder obtained it by fraud or unlawfully holds more than one passport at the same time.
In addition, the Minister is empowered under Sections 19 (1); 20 (1); 22 (1), (2) and 31 of the 2015 Act to vary the entry or departure requirements for foreigners coming into or leaving Nigeria and also may, by order, vary a notice of refusal served on any foreigner by an Immigration Officer including the Comptroller General. The Act equally empowers the Minister to designate facilities as aerodrome, airport, seaport or control posts to be used as ports of entry into Nigeria or exit there from. Furthermore, whilst the Comptroller General of Immigration is empowered to issue all kinds of Visas and entry permits to foreigners, Sections 29 and 30 of the 2015 Act empowers the Minister to exempt certain persons he deems fit from obtaining same. The Minister could also vary visa fees and conditions prescribed by the Comptroller General. The Minister is also empowered to give directives regarding the control, determination of the nationality and removal or deportation of stowaways and prohibited immigrants.
In furtherance of his expanded powers, Sections 45, 53 and 55 of the 2015 Act empower the Minister to issue directives classifying persons as prohibited immigrants, making deportation orders, ordering and effecting the detention of persons in lieu of deportation especially where deportation is impracticable or prejudicial to national interest, and to appoint a receiver or manager where a deportation order is in force.
Section 38 of the 2015 Act which provides for the employment of immigrants, grants the Comptroller General the power to issue relevant documentation to that effect and to require that persons or companies desirous of employing expatriates make provisions for repatriation of such expatriates or their dependents and may make Repatriation Order concerning all or some persons employed by a Nigerian company when he is reasonably satisfied of the existence of grounds for same. The employer shall bear the costs incidental to such repatriation. Furthermore, as provided in Section 35 of the 2015 Act, only the Minister has power to permit the admission into Nigeria of mentally ill or subnormal persons. This power can only be exercised by the Minister and not the Nigeria Immigration Service. Section 35(2) empowers the Minister to approve the grant of Permanent Residence Permit to a Nigerian Citizen by birth who had earlier on renounced his nationality. Section 36(2) grants him the authority to issue Business Permits approving the practice of any profession or trade by foreigners in Nigeria.
A comparative analysis of the Immigration 1968 Act and the newly enacted Immigration Act, would reveal that most of the above provisions of the new Act on the power of the Minister are a re-enactment of the old one.
However, there is need to note the express provision of Section 5(1) of the 1968 Act which placed the Director of Immigration (now Comptroller General of Immigration) under the Federal Minister of Interior, a provision which is conspicuously absent in the 2015 Act. This, coupled with the President’s express power to appoint the Comptroller General under Section 3 of the 2015 Act may be tantamount to a diminution of the power of the Minister under the new law. However, budgetary request and appropriation for the Nigeria Immigration Service are always channeled through the Ministry of Interior. Furthermore, the Board responsible for recruitment of officers for the Service is under the supervision of the Federal Ministry of Interior.
Following an extensive review of the provisions of the repealed Immigration Act and the extant Act, it is evident that the Act recognizes the importance of Immigration as a key driver of economic growth and advancement and a tool for ensuring sustainable development of local expertise and capacities. The retention of the supervisory role of the Minister in the immigration process is in line with international best practice A good example is Canada, where the Department of Citizenship and Immigration Act 1994 which establishes the Citizenship and Immigration Canada (CIC) – the lead Canadian federal agency on immigration matters – empowers the Minister of Citizenship and Immigration to set the department’s priorities and strategies. Additionally, Immigration and Refugee Protection Act 2001 which sets out executive authority over immigration in Canada recognizes the Minister as being responsible for its implementation the same way the Nigerian Immigration Act 2015 enables the Minister of Interior. Similar provisions are contained in the Immigration legislations of Egypt and Spain.
Thus, whilst the Immigration Act 2015 recognizes the importance of professionalizing the Immigration Service and its processes, it does so without taking the edge off the supervisory power of the Minister of Interior. Apart from streamlining the functions of the Minister and expressly outlining his responsibilities, the Act seeks to guarantee an effective immigration regime in line with global best practice.
Ozor Chinedu is the Head Immigration Services at DCSL Corporate Services Limited.
cozor@dcsl.com.ngwww.dcsl.com.ng ; twitter handle @dcslnigeria
