A passport is more than just a travel document, it is a symbol of national identity and a vital legal instrument that grants a citizen the right to travel internationally.
In a viral video recently, a woman was filmed tearing up her husband’s passport at Lagos Murtala Mohammed Airport.
She was seen shouting at her husband with pieces of the Nigerian passport on the floor. The incident occurred after she returned from Europe with her husband and children, in front of other travellers.
The woman involved has been identified as Mrs Favour Igiebor.
The Nigerian passport is a critical piece of documentation it serves as an official document issued by the Nigerian government, allowing citizens to travel abroad.
It also functions as proof of Nigerian citizenship, which is why its integrity is safeguarded by various legal provisions.
However, not everyone is aware of the severe consequences attached to damaging or tearing this document.
Legal provisions governing the Nigerian passport
The legal framework that governs the issuance, use, and protection of Nigerian passports is primarily contained in two key statutes: the Nigerian Immigration Act and the Nigerian Passport (Miscellaneous Provisions) Act.
Nigerian Immigration Act
The Nigerian Immigration Act (2015) is comprehensive legislation that governs immigration, passports, visas, and related matters in Nigeria.
It replaced the previous Immigration Act of 2004 and the Passport (Miscellaneous Provisions) Act of 2004.
Under this Act, it is illegal for any person to intentionally damage or alter a Nigerian passport. Violators are subject to legal penalties.
Penalties for damaging a Nigerian passport
The penalties for damaging a Nigerian passport are severe, reflecting the importance of the document. Under the Nigerian Passport (Miscellaneous Provisions) Act, the following penalties may be imposed:
Fines
Individuals found guilty of damaging a Nigerian passport may be subject to a significant fine of N2 m. These fines serve as a deterrent against the unlawful handling of passports and emphasize the gravity of the offence.
Imprisonment
In addition to fines, the law also prescribes imprisonment as a possible penalty. The duration of imprisonment is 10 years.
Both fines and imprisonment
In some cases, the court may impose both fines and imprisonment on the offender. This dual penalty approach is intended to send a strong message that the destruction or damage of a passport is a serious crime that will not be tolerated.
Nigerian Immigration Service’s reaction
The Nigeria Immigration Service (NIS) has launched a formal investigation, following the circulation of the video on social media, showing Mrs Favour Igiebor destroying a Nigerian Standard Passport at the Murtala Mohammed International Airport (MMIA), Lagos.
If the allegations are proven true, her actions would represent a violation of Section 10(b) of the Immigration Act 2015 (as amended), with penalties specified under Section 10(h) of the same Act.
Section 10(b) and (h) of the Immigration Act stipulate that any individual who “unlawfully alters, tampers with, or mutilates any passport or its pages” or “attempts, aids and abets, counsels, procures, connives, or conspires with another person to commit any of these acts” is “liable upon conviction to a prison term of up to ten years, a fine of Two Million Naira, or both,” according to the Act.
