The Nigerian Immigration Service (NIS) plays a pivotal role in regulating and managing immigration in Nigeria. Established by the Immigration Act, Cap I1, Laws of the Federation of Nigeria 2004, the NIS is primarily responsible for monitoring and controlling the entry and exit of individuals across Nigeria’s borders. Its legal mandate is derived from several statutory provisions, including the Immigration Act of 1963, Immigration Regulations, the 2015 Immigration Act, and judicial interpretations of these laws.
Statutory Functions of the Nigerian Immigration Service
- Issuance of Travel Documents: The Nigerian Immigration Service is legally empowered to issue passports, visas, and other travel documents. This authority is grounded in the Immigration Act of 2015, which specifies the types of travel documents available and the conditions for their issuance. The NIS regulates the application process and ensures compliance with Nigerian and international laws on travel documentation. This function extends to the issuance of residence permits for foreigners residing in Nigeria.
- Control of Entry and Exit: One of the core functions of the Nigerian Immigration Service is border control. The NIS ensures that only individuals with proper documentation are allowed to enter or leave Nigeria. This role is reinforced by various statutory provisions, including Section 3 of the Immigration Act 2015, which gives the NIS powers to regulate the movement of people into and out of the country through air, land, and sea borders. The Service is also authorized to deny entry to individuals deemed as threats to national security or public health.
- Enforcement of Immigration Laws: The NIS has enforcement powers under the Immigration Act of 1963, as amended by the Immigration Act of 2015. It is responsible for enforcing all laws and regulations related to immigration. This includes the arrest, detention, and deportation of illegal immigrants, as well as prosecuting violations of immigration laws. The NIS collaborates with other law enforcement agencies, such as the Nigerian Police Force and the Economic and Financial Crimes Commission (EFCC), to enforce these laws effectively.
- Investigation and Intelligence Gathering: Another significant legal function of Nigerian Immigration Service is intelligence gathering. The NIS monitors the movement of persons and works to prevent human trafficking, smuggling, and other trans-border crimes. The National Immigration Policy supports the Service in collecting intelligence to safeguard national security. Section 43 of the Immigration Act of 2015 allows the NIS to investigate activities that violate immigration laws, especially those connected to security concerns, such as terrorism and organized crime.
- Regulation of Employment for Foreign Nationals: Under the Immigration Act of 2015, the NIS is tasked with regulating the employment of foreign nationals in Nigeria. The law mandates the issuance of Expatriate Quotas and Combined Expatriate Residence Permits and Aliens Cards (CERPAC) to foreigners who wish to work in Nigeria. The Service ensures that employers and employees comply with immigration laws and prevent the illegal employment of expatriates.
Related: 6 Legal Functions of INTERPOL under the Law
Judicial Interpretations of NIS Functions
Various judicial decisions have clarified and reinforced the functions of Nigerian Immigration Service over the years. Nigerian courts, in cases like Okwueze v. Federal Ministry of Interior (2019) and Bello v. NIS (2020), have affirmed the statutory powers of the NIS, particularly in enforcing deportation orders and denying entry to undesirable individuals.
In the case of Agbaje v. Federal Republic of Nigeria (2017), the Court of Appeal held that the NIS has the legal authority to revoke or deny visas based on national security concerns. This ruling illustrates the discretionary power vested in the Service by the Immigration Act, emphasizing the importance of security in immigration control.
Conclusion
The functions of Nigerian Immigration Service are essential to maintaining Nigeria’s territorial integrity and ensuring lawful immigration practices. From issuing travel documents to regulating foreign employment, the NIS plays a vital role in Nigeria’s security and legal framework. Through statutory provisions like the Immigration Act 2015 and judicial backing, the Service is well-positioned to execute its mandate effectively. Its functions not only protect Nigeria from external threats but also foster orderly immigration that benefits the nation’s socio-economic growth.