Acting in accordance with the provisions of the Immigration Act 2015, the Federal Government on Wednesday, 12 September 2018 approved the deportation of 36 Indians and 2 nationals of the Democratic People’s Republic of Korea. The deportation order which was signed by the Federal Minister of Interior was issued pursuant to the powers vested on the Minister under Section 45 (2), (3) and (4) of the Immigration Act 2015.
Whilst the Indian nationals were accused of having gained entry into the country using fake visas and counterfeit immigration stamps, the Korean nationals were alleged to have failed to regularize their stay upon the expiration of their contract with the Zamfara State government. Both infractions are punishable under Sections 56(3)(c) and 57(5) of the Immigration Act respectively. Section 56(3)(c) specifically provides that “a person who without lawful authority, alters any document issued or made under or for the purpose of this Act or has in his possession any forged or altered passport or other travel document, or produces or reproduces any travel document without lawful authority, commits an offence”. On the other hand, Section 57 (5) states that “any expatriate who fails, neglects or refuses to apply for the regularization of his stay in Nigeria within the stipulated period of three months; renewal of his Business, Transit, Visitors Pass or Temporary Work Permit after expiration; or renewal of his residence permit 30 days after its expiration, commits an offence and is liable to imprisonment for a term of three years or a fine of five hundred thousand Naira or both’.
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Section 45 (2) of the Immigration Act confers the power to order the deportation of migrants from Nigeria on the Federal Minister of Interior. The Section specifically provides that the Minister, if satisfied that it is in the public interest, shall make a deportation order against the person as a prohibited immigrant, regardless that the person may not have been prosecuted for an offence under the Section or not notified that his entry into Nigeria is prohibited. The Minister’s power under the Immigration Act is hinged on Public Policy, a principle that encompasses the common sense and common conscience of all citizens and extends to matters of public health, safety, and welfare. The deportation underscores the sanctity of the laws of the land and that non-compliance will not be treated lightly.
Beyond deportation, is the issue of criminal liability for the offence of forgery. It has been argued that the deportees should have been duly prosecuted.. Examples abound on the trial of migrants for criminal offences in Europe and America and the enforcement of mandatory jail terms after which such persons are deported. It would therefore not have been out of place to have first tried the foreigners, have them serve their sentences before deporting them.
Beyond the individuals, liability for violation extend to organizations who invite such expatriates or undertake immigration responsibility on their behalf. To this end, Sections 51(2) and (8) and 56(2) provide that any person who harbors any person whom he knows or has reasonable grounds for believing to have committed an offence or acted in contravention of this Act, commits an offence and is liable on conviction to imprisonment to a term of imprisonment or fine or both. It therefore behooves on the Management of entities who invite expatriates to Nigeria to take steps to ensure that the process culminating in their entry into Nigeria aligns with the law and laid down regulations and that their continuing stay in Nigeria is legal. Indeed, more often than not, expatriates who enter Nigeria illegally or remain here when their legal stay has expired, hardly do so without assistance from a firm or individual. Familiarity with the provisions of the Immigration Act 2015 and the Regulations issued pursuant thereto is the first practical step towards safeguarding the corporate reputational risk associated with illegal entry and residence of expatriates in Nigeria. Furthermore, periodic checks of the immigration documents of the expatriates to ensure these comply with the above are useful.
Needless to say that the Investigation, Inspection and Enforcement Directorate of the Nigerian Immigration Service is empowered under Act and Regulations to undertake periodic and unscheduled visits to companies to ensure compliance with the provisions of the Act. The impact of the sudden deportation of a valuable expatriate to the business and the potential loss in both time and resources as well as the reputational damage to the organization could be devastating. The attendant sourcing of replacement could be cumbersome and a strain on resources.
Immigration Regulations allow the Nigerian Immigration Service to place violators of the Immigration Act, Regulations and processes on a “Watch List” with strict conditions placed on future issuance of immigration facilities to them. Such expatriates may be ineligible for entry visas for upwards of 10 years. Even when the period has elapsed, experience has shown that the issuance of immigration facilities to known violators of the immigration process is comparable to the proverbial camel passing through the eye of a needle.
Ozor Chinedu
DCSL Corporate Services Limited.
+2348055402929, +2348055371550
cozor@dcsl.com.ng www.dcsl.com.ng ; twitter handle @dcslnigeria
