Topic 3: Control of immigration and emigration in Nigeria
The body responsible for the control of immigration and emigration in Nigeria is the Nigerian Immigration Service (NIS).
Brief History of Nigeria Immigration Service
The Nigerian Immigration Service (NIS) was originally part of the Nigerian police Force until 1958. At the time of its extraction, it was known as the Immigration Department and it operated under the Immigration Ordinance of 1958. On the 1st of August 1963, it was formally established by an Act of Parliament. The NIS as composed today operates under the Immigration Act 2015 (the Act was enacted on the 25th May 2015 few days to the completion of President Goodluck Jonathan’s administration).
Composition of Nigeria Immigration Service
Section 1 of the Act provides that the Nigerian Immigration Service (the Service) is a body corporate1 who can sue and be sued.
Command Structure of the Nigeria Immigration Service2
1 The Nigeria immigration Service is by this reason a legal entity i.e. regarded as a person in law having certain rights and duties.
2 Section 6 of the Immigration Act 2015
The Service is under the Ministry of Interior3. The Ministry of Interior is made up of Nigeria Immigration Service, Nigeria Prison Service, Federal Fire Service and Nigeria Security and Civil Defense Corps.
3 The current minister for interior is in person of Abdulrahman Bello Dambazau
Ministry of
Interior
Nigeria Immigrati on Service
Nigeria Prison Service
Federal Fire Service Nigeria
Security and Civil Defense
Corps
Comptroller-General Comptroller-General
Deputy Comptrollers-General Deputy Comptrollers-General
Assistant Comptrollers-General Assistant Comptrollers-General
Comptrollers Comptrollers
Assistant Comptrollers Assistant Comptrollers
Officers in charge of borders Officers in charge of
borders Imm
igra tion Loca l Gov
ern men
t Area offic
ers Imm
igra tion Loca l Gov
ern men
t Area offic
ers
At the head of the Nigeria Immigration Service is the Comptroller- General. He is appointed by the President from among the serving officers of the Board4. The Comptroller-General, subject to the directives of the Minister on matters of policy, is responsible for the day to day administration of the Immigration Act 2015 or any other duty conferred upon him by any other enactment. He is equally charged with the performance of the duties that constitutes the function of the Service.
Next in hierarchy to the Comptroller general of the Service is the rank of the Deputy Comptrollers-General5. They are appointed by the President from among the serving officers of the Service on the recommendation of the Board6.
Next in rank to the Deputy Comptrollers General is the rank of the Assistant Comptrollers-General7. They are appointed by the Board from among the serving officers of the Service.
The Board equally appoints from among the serving officers of the Service Comptrollers8 of Immigration and such other officers (e.g.
Assistant Comptrollers9 Officers in charge of borders10 Immigration Local Government Area officers11) who may from to time be employed to assist the Comptroller-General under the Act and to be subject to his directive and control12.
Operational Structure of the Nigeria immigration service
4 Section 3 (1) and (2) of the Immigration Act 2015
5 They head Directorates at the Service Headquarters and assist the comptroller-general in the performance of his duties
6 Section 3 (3) of the Immigration Act 2015
7 They either head divisions at the Service Headquarters or head Zonal Offices
8 They could head sections at the Service Headquarters, head state commands or head training schools
9 They head area offices. These area offices exercise supervisory functions over at least three local government areas in each state of the federation
10 Land, Marine and Air Border Patrol Units 11 They head local government immigration offices 12 Section 3 (4) of the Immigration Act 2015
Service Headquarters: the headquarters is located at the Nnamdi Azikiwe Airport Road, Sauka, Abuja. It has seven directorates namely:
Human Resources
Finance and Accounts
Planning, Research and Statistics
Work and Procurement
Investigation, Inspectorate/Enforcement
Operations/Passport
Border Patrol, ECOWAS/African Affairs
Note that each of the seven directorates is heads by a Deputy Comptroller-General.
Zonal Offices: the zonal offices are eight in number and they are located
in Lagos, Kaduna, Bauchi, Minna, Owerri, Ibadan, Benin and Makurdi.
State Commands and the Federal Capital Territory: there are 36 state
commands and a command in the Federal Capital Territory.
Local Government Areas Immigration Offices: these Local Government Areas immigration Offices are located in the 774 local government areas of the nation.
Powers of the Nigeria Immigration Service
The powers of the Nigeria immigration Service include the following:
The power to issue Nigerian passports13;
Examination of person leaving or entering Nigeria14;
Power to refuse entry or to admit into Nigeria15;
Power to issue visas16;
Power to revoke or vary permits17;
Power to board ship18; and
Power to abolish and suspend visa requirements19. Functions of Nigeria Immigration Service
13 Section 9 ibid 14 Section 15 ibid 15 Section 19 ibid 16 Section 20 ibid 17 Section 39 ibid 18 Section 23 ibid 19 Section 29 ibid
Service Headquarters
8 Zonal Offi ces
36 State Com m ands + the Federal Capital Territory Comm and
774 local gover nme
nt areas Imm i
grati on Offi c
es
The functions of the Nigeria Immigration Service are spelt out in section 2 of the Act. It provides that the Service shall be responsible for:
1. The control of persons entering and leaving Nigeria
2. Issuance of travel documents, including Nigeria passports, to bona fide Nigerians within and outside Nigeria
3. Issuance of residence permits to foreigners 4. Border surveillance and patrol
5. Enforcement of laws and regulations with which they are directly charged
6. Performance of such para-military duties within or outside Nigeria as may be required of them under the authority of this Act or any other enactment.