NIGERIAN IMMIGRATION ACT 2015: AN EXAMINATION WITH THE 1999 CONSTITUTION AND INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW

Abstract

The Nigerian Agency responsible for the control of immigrants under the Immigration Act 2015, is the Nigerian Immigration Service with the responsibility of regulating and approving the immigration of expatriates. It is also charged with responsibilities to grant visas and entry permits into Nigeria. The functions of the Nigerian Immigration Service obviously involves meddling with human rights enshrined in the Constitution of the Federal Republic of Nigeria and under the articles of international human rights instruments. The Immigration Act provides the legal and regulatory framework for the entry and exist into or out of Nigeria. Therefore, in the course of its work in monitoring and controlling movement into and out of the country, the Nigerian Immigration Service interferes with the freedom of movement guaranteed under the Constitution and international human rights framework. It is in this context that this paper examines the provisions of the Nigerian Immigration Act 2015 with respect to protection of human rights, fundamental freedom and dignity of human person. This is compared with what obtains under international human rights documents. When movement is restricted unlawfully, the question of right interference arises, giving rise to contest, litigations and claims against the Immigration Service in court. The paper argues that the Immigration Act 2015 was passed with little provisions on human rights protection thereby creating room for officials of Immigration Service to thinker with and violate human rights. It concludes that while curtailing movement of illegal immigrants and emigrants, the officials should respect human rights of immigrants or emigrants.