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Immigration Act (last amended 1972)

Part I - ADMINISTRATION

1. Persons liable to examination

(1)  Subject to the provisions of this section, this Act shall apply to persons entering or leaving Nigeria and to persons who are at any time therein after the commencement of this Act.

(2)  Nothing in this section shall be construed -

(a)        to require any Minister of the Federal Government or any Regional Government to complete entry or embarkation cards on entering or leaving Nigeria;

(b)        to impose any restriction or liability under this Act as to entry or deportation in respect of persons who satisfy an immigration officer that they are entitled under any rule of law or enactment to immunity from suit or legal process not being immunity in respect only of things done or omitted to be done in the course of their duties, and complete any other requirement of this Act before entry or departure;

(c)        in respect of any particular requirement, to affect persons exempted therefrom by the Minister under this Act;

(d)        to prohibit the entry of any person who satisfies an immigration officer as to his identity as a citizen of Nigeria or as the holder of a valid travel document he is a person in the employ of the Federal Government or any Regional Government, as the case may be;

(e)        to authorise the deportation from Nigeria of any citizen of Nigeria;

(f)         to exempt any person from medical examination if required by the immigration officer.

(3)  Where a person enters Nigeria as an exempted person under this Act and while in Nigeria thereafter ceases to be entitled to such exemption, he shall as soon as possible report the fact in writing to the chief federal immigration officer, and this Act shall have effect as if the person ceasing to be exempted were a person desirous of entering Nigeria for the first time. The chief federal immigration officer may, if he thinks fit, refer the case to the Minister or may deal with the case himself; and a person affected by this subsection may, in the discretion of the Minister or such officer as the case may require, be issued with a permit to remain in Nigeria.If a permit is refused the person affected shall be deemed to be a prohibited immigrant and may be dealt with accordingly.

2. Examination of persons landing or embarking

(1)  It shall be the duty of every person entering or leaving Nigeria to report to an immigration officer for examination, and to furnish such information in his possession as that officer may reasonably require for the purposes of this Act; and the immigration officer may refuse admission in any proper case.

(2)  Any person liable to be examined by an immigration officer shall if directed to do so by such officer in the course of his examination -

(a)        declare whether or not he is carrying or conveying any documents of any description specified by that officer, being a description appearing to that officer to be relevant for the purposes of the examination;

(b)        produce to the officer any documents of any such description which he is carrying or conveying; and the power to examine any such person shall include power to search him and any baggage belonging to him or under his control with a view to ascertaining whether he is carrying or conveying any such documents; but nothing in the foregoing subsection shall authorise the search of any woman or girl except by a woman.

(3)  An immigration officer may examine, and may detain for such time as he thinks proper for the purposes of examination (not exceeding seven days) any document produced pursuant to or found on a search under this section.

3. Passenger Lists and medical examination, etc.

(1)  Where any ship or aircraft lands in Nigeria the captain or commander as the case may be shall supply to the immigration officer in charge, separate lists showing disembarking passengers and transit passengers and the immigration officer may, if he thinks fit, examine transit passengers as if they were immigrations.

(2)  Any immigrants or transit passengers named in any such list whose international certificates of health fail to comply with the requirements of the chief federal immigration officer or whose state of health the immigration officer has cause to suspect, shall submit to such medical examination or vaccination as a medical inspector may reasonably require.

4. Production of travel documents

(1)  Unless otherwise prescribed, -

(a)        every passenger who enters or leaves Nigeria by any means at or from any recognised port shall in any proper case produce to an immigration officer landing or embarkation cards in such form as the Minister may by order direct the owners or agents of ships and aircraft to supply to passengers, and shall satisfy the immigration officer that he is the holder of a valid travel document;

(b)        every member of the crew of a ship or aircraft who lands in or leaves Nigeria shall produce such evidence or travel document as an immigration officer may require.

(2)  No person whether in possession of a travel document or not who is a prohibited immigrant shall enter Nigeria without the consent of the Minister.

(3)  For the purposes of this section, the expression "travel document" in the case of any member of the crew of a ship or aircraft includes any card or other document in a form approved by or acceptable to the chief federal immigration officer.

7. Power for immigration officer to refuse entry, etc.

(1)  The power of an immigration officer to refuse entry into Nigeria or to admit into Nigeria subject to conditions shall unless the Minister in any case otherwise directs be exercised by notice in writing; and subject to subsection (2) of this section, any such notice shall be given by being delivered by the immigration officer to the person to whom it relates.

(2)  Where an immigrant who is to be admitted into Nigeria subject to conditions is a member of a party in the charge of a person appearing to the immigration officer to be a responsible person, the notice under this section shall be duly given if delivered to the person in charge of the party.

(3)  A notice refusing a person admission into Nigeria may at any time be cancelled by a subsequent notice in writing given to him by an immigration officer; and where a notice under this subsection cancelling such a notice is given to any person at any time, the immigration officer may at the same time give to that person a person admitting him into Nigeria subject to conditions.

(4)  Any conditions specified in a notice under this section may at any time be revoked or varied by the Minister or the chief federal immigration officer either by notice in writing given to the immigrant to whom those conditions apply or by order applying to immigrants of any class to whom such conditions for the time being apply.

(5)  Any notice under this section and any condition specified in such a notice, shall, unless previously cancelled or revoked under the provisions of this Act, cease to have effect if the person to whom the notice was given again enters or seek to enter Nigeria.

8. Entry for business purposes, etc.

(1)  No person other than a citizen of Nigeria shall -

(a)        accept employment (not being employment with the Federal Government or a Regional Government) without the consent in writing of the chief federal immigration officer.

(b)        on his own account or in partnership with any other person, practise a profession or establish or take over any trade or business whatsoever or register or take over any company with limited liability for any such purpose, without the consent in writing of the minister given on such conditions as to the locality of operations or persons to be employed by or on behalf of such person, as the minister may prescribe.

(2)  Any person desirous of entering Nigeria for any of the purposes in subsection (1) of this section shall produce the consent to an immigration officer; and the failure to do so shall be an offence under this act and such person shall be liable to deportation as a prohibited immigrant.

(3)  Where any person exempt from any provision of this act restricting his employment ceases to be so exempt, he shall be deemed to be a person seeking entry into Nigeria for the first time; and the provision of this section shall have effect accordingly.

9. Residence permits

(1)  Any Commonwealth citizen or citizen of Eire may, subject to the provisions of the Immigration (Amendment) Decree 1972, enter Nigeria for the purpose of residence (not being a tour of service with the Federal Government or any Regional Government in Nigeria) on production of a residence permit with his other travel documents, signed by or on behalf of the chief federal immigration officer and issued subject to such conditions as may be endorsed thereon. If the entry is for any such tour of service, such citizen shall on production of any evidence which an immigration officer may reasonably require, be deemed to be in possession of a resident permit.
(amended by the Immigration (Amendment) Decree 1972)

(2)  Any person not a citizen of Nigeria desirous of entering Nigeria for the purpose of residence shall, unless exempted under this Act, give security in such amount as the Minister may prescribe, and shall supply such information as the chief federal immigration officer may reasonably require. If the chief immigration officer is satisfied, he may issue a residence permit accordingly.

(4)  The failure by any person to comply with the requirements of this section or of any conditions imposed shall be an offence under this Act, and such person may if the Minister thinks fit, be required to leave Nigeria. Any security furnished may be forfeited or, as the case may be, any bond may be estreated as suit of the chief federal immigration officer.

10. Control of visitors and transit passengers

(1)  An immigration officer may by notice given at any time to any person who -

(a)        has arrived at a recognised port in Nigeria as a visitor or as a transit passenger on board a ship or aircraft; and

(b)        is for the time being on board the ship or aircraft on which he arrived at such port, prohibit him from landing from that ship or aircraft as the case may be while it remains as such port unless authorised to do so by an immigration officer.

(2)  If any person affected by subsection (1) of this section -

(a)        lands from a ship or aircraft in contravention of a prohibition imposed on him under subsection (1) of this section; or

(b)        being a visitor refused admission or a transit passenger remains in Nigeria after the ship or aircraft has left the port; or

(c)        having been admitted as a visitor into Nigeria subject to a condition restricting the period for which he may remain there, remains in Nigeria in contravention of that condition, he shall, subject to the next succeeding subsection, where necessary be treated for the purposes of this Act as if he had been refused admission into Nigeria.

(3)  An immigration officer may, by notice in writing given at any time to any person who has landed or remained in Nigeria as mentioned in subsection (2) of this section, authorise him to remain in Nigeria either without conditions or subject to any conditions the Minister may impose, including in particular conditions requiring him -

(a)        to leave Nigeria in a specified ship or aircraft; or

(b)        to leave Nigeria within a specified period in accordance with the conditions of his permit or as the case may be with arrangements made, and where such a notice is given to any person, he shall not be treated as a person to whom admission to Nigeria has been refused unless, in the case where he is subject to conditions requiring him to leave Nigeria as aforsaid, he fails to comply or is reasonably suspected of intending to fail to comply with those conditions.

11. Power to exempt from certain entry or departure requirements

(1)  The Minister by order may exempt from the requirements of entry under this Act any other person or class of persons, and with the concurrence of the Minister of Health may restrict the classes of cases where medical examination of persons landing in Nigeria is required.

(2)  The Minister may likewise by order exempt any person or class of persons from the requirements of this Act as to departure from Nigeria.

15. Control of immigrants by inland waters, etc.

Any person who enters Nigeria by inland waters or overland shall forthwith proceed to the nearest recognised port and appear before the immigration officer, and that officer after such examination as he may consider necessary, shall, if the person appears to him to be a prohibited immigrant detain that person; and the provisions of this Act as to deportation shall have effect accordingly.

16. Removal of immigrant where entry refused

(1)  Where a person arriving by ship or aircraft is for any reason refused entry into Nigeria an immigration officer may give directions -

(a)        to the master of the ship or commander of the aircraft in which the immigrant arrived in Nigeria, requiring him to remove the immigrant from Nigeria in that ship or aircraft; or

(b)        to the owners or agents of the said ship or aircraft, requiring them to remove the immigrant from Nigeria in any ship or aircraft specified in the directions being a ship or aircraft of which they are the owners or agents; or

(c)        to the said owners or agents, requiring them to make arrangements for the removal of the immigrant from Nigeria in any ship or aircraft bound for a country or territory specified in the directions, being -

(i)         a country of which the person refused entry is a citizen; or

(ii)        a country or territory in which he has obtained a passport or other document of identity; or

(iii)       a country or territory in which he embarked for Nigeria; or

(iv)       a country or territory to which there is reason to believe that the immigrant will be admitted, for securing him a passage to that country or territory.

(2)  If it appears to the Minister that in the circumstances it is not practicable for directions to be given under subsection (1) of this section in respect of an immigrant, or that directions so given would be ineffective, the Minister or any person acting under his authority, may give to the owners or agents of any ship or aircraft the like directions as may be given under paragraph (c) of the said subsection (1) to the owners or agents of the ship or aircraft in which the immigrant arrived in Nigeria; and for the avoidance of doubt in any such case, the cost of complying with the directions shall be defrayed by the owners or agents as the case may be, of the ship or aircraft.

(3)  An immigrant in respect of whom directions are given under this section may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

Part II - DEPORTATION

17. Prohibited immigrants

(1)  Any person within any of the following classes shall be deemed to be a prohibited immigrant and liable to be refused admission into Nigeria or to be deported as the case may be, that is to say -

(a)        any person who is without visible means of support or is likely to become a public charge;

(b)        any idiot, insane person, or person suffering from any other mental disorder;

(c)        any person convicted in any country of any crime wherever committed, which is an extradition crime within the provisions of the Extradition Act;

(d)        any person whose admission would in the opinion of a Minister of State be contrary to the interest of national security;

(e)        any person against whom an order of deportation from Nigeria is in force;

(f)         any person who -

(i)         has not in his possession a valid passport, or

(ii)        being a person under the age of sixteen years has not in his possession a valid passport or is unaccompanied by an adult on whose valid passport particulars of such person appear;

(4)  For the purposes of this section a person shall be deemed to possess a valid passport if -

(a)        being a citizen of any other Commonwealth country (including Eire), he produces with his passport for inspection under this Act a resident permit issued by or on behalf of the chief federal immigration officer and any permit issued under the Immigration (Amendment) Decree 1972.
(amended by the Immigration (Amendment) Decree 1972)

(b)        being a citizen of any other country not otherwise exempted under this Act, he produces for inspection with his passport a visa valid for entry into Nigeria for any purpose designated in the visa, and a residence permit.

18. Deportation orders in special cases

(1)  Subject to subsections (2)   and (3) of this section, any person who being a prohibited immigrant enters Nigeria except in accordance with this Act shall be guilty of an offence under this Act, and if convicted the court may make a recommendation for deportation of the offender.

(2)  The Minister may if satisfied that it is in the public interest and whether or not any person has been prosecuted for an offence under this section, make a deportation order against that person as a prohibited immigrant; and it shall be no defence that such person was not notified that his entry into Nigeria was prohibited, or that the entry was permitted by oversight or otherwise howsoever. This subsection shall have effect notwithstanding any other provision of this Act.

(3)  If the Minister is of opinion that any person in Nigeria ought, at any time after his entry to be classed as a prohibited immigrant, he may make an order accordingly; and the provisions of any such order shall have effect as if the person named in the order were a prohibited immigrant landing in Nigeria for the first time. Any person affected by an order made under this subsection may be deported.

(4)  The provisions of this section shall, if the Minister thinks fit, extend and apply to any person who having entered Nigeria at any time in pursuance of a visitor's permit or transit permit remains in Nigeria beyond the time allowed by such pass or breaks any other condition subject to which such permit was issued, and whether or not he has been prosecuted for an offence under this Act.

20. Deportation order on recommendation by court

(1)  Where a recommendation by a court for deportation is in force, the Minister may, if he thinks fit, make a deportation order requiring him to leave Nigeria and prohibiting him from returning there so long as the order is in force.

(2)  Subject to the provisions of this Act, an order under this section shall not be made in pursuance of a recommendation for deportation unless either -

(a)        the time for bringing an appeal against the recommendation, or against the conviction upon which it was made, has expired without such an appeal having been brought; or

(b)        such an appeal has been brought and abandoned, or finally determined otherwise than by the quashing of the recommendation or the conviction; or

(c)        the recommendation was made on appeal and no further appeal lies.

(3)  The Minister may, if he thinks fit, revoke a deportation order at any time, whether before or after the person to whom it relates has left or been removed from Nigeria, but the revocation of a deportation order shall not affect the validity of anything previously done thereunder.

22. Detention etc., of persons liable to deportation

(1)  Where a recommendation for deportation is in force in respect of an offender and the offender is neither detained in pursuance of the sentence or order of any court not for the time being released on bail by any court having power so to release him, he shall, unless the court by which the recommendation is made otherwise directs, be detained until the Minister -

(a)        makes a deportation order in respect of him; or

(b)        notifies him that no such order is to be made; or

(c)        directs him to be released pending further consideration of his case.

(2)  Where a deportation order is in force in respect of an offender, the offender may be detained under the authority of the Minister until he is removed from Nigeria pursuant to this Act; and if he is released from detention pending further consideration of his case or while liable to be detained is not so detained, the Minister may by order impose on him such restrictions as to place of residence and requirements as to reporting to the police as the Minister thinks fit.

Part III - CONTROL OF CREWS AND STOWAWAYS

27. Stowaways

(1)  If any person arrives at a port in Nigeria as a stowaway in a ship or aircraft, he shall, subject to the provisions of subsection (2) of this section, be treated for the purposes of this Act as if he were a prohibited immigrant and was refused admission into Nigeria accordingly.

(2)  Subsection (3) of section twenty-six of this Act shall apply in relation to any such person refused admission as it applies in relation to any who has landed or remained in Nigeria as mentioned in subsection (2) of the said section twenty-six.

Part IV - MISCELLANEOUS AND SUPPLEMENTAL

32. Powers to prescribe entry conditions and fees.

(1)  The Minister may from time to time prescribe the conditions for entry into Nigeria and the fees payable in respect of any travel document, visa, or permit; and every Nigerian embassy shall give effect thereto in any proper case by the issue of a visa or other entry permit.

(2)  [deleted by the Immigration (Amendment) Decree 1972]

34. Revocation or variation of permits

(1)  The chief federal immigration officer may if he deems it to be in the public interest, at any time revoke a residence permit or other permit under this Act or may issue a new permit of such conditions as he thinks fit; and where any permit is revoked without replacement, the person affected shall be deemed to be a person seeking to enter Nigeria for the first time, and the Minister in his discretion, may issue a deportation order.

(2)  The chief federal immigration officer may direct the holder of a permit to surrender it for replacement, or he may reissue it with such additional conditions or varied conditions, as the circumstances may require; and the failure to comply with any direction of the chief federal immigration officer under this subsection shall be an offence under this Act.

36. Application of Act to young persons and cases of dual nationality, etc.

(1)  Subject to the provisions of this Act, any person of or above the apparent age of sixteen years who, on the coming into operation of this Act is in Nigeria but is not a citizen thereof, shall apply to an immigration officer at such time and place as may be required under this section for a permit under this Act. Any person in Nigeria as aforesaid and under the apparent age of sixteen years shall apply to an immigration officer for such permit not later than three months after he attains that age, and notice of the requirement of this section may be published in such manner as the chief federal immigration officer thinks it.

(2)  The provisions of this section shall extend and apply -

(a)        to persons who being nationals of more than one country including Nigeria, elect within the time prescribed by the Constitution of the Federation or any enactment to be nationals of some country other than Nigeria;

(b)        to persons who having acquired nationality as citizens of Nigeria for any reason lose that nationality, and the person concerned shall within one month after the election or loss of nationality, as the case may be, apply to the chief federal immigration officer for a permit to remain in Nigeria; and the chief federal immigration officer may grant or refuse the permit. An appeal shall lie to the Minister from the grant or refusal of a permit under this subsection.

(3)  The Minister may exempt any person or class of person from the requirements of this section; and subject thereto, the chief federal immigration officer may from time to time in the Gazette and in some newspaper printed and circulating in Nigeria, give notice of the requirements of this section.

(4)  A permit under this section shall be in such form and be subject to such conditions as the Minister may from time to time prescribe; and the failure to apply when required by this section shall be an offence against this Act, and any person affected shall be deemed to be a person seeking to enter Nigeria for the first time, and may be dealt with accordingly.

37. Power to require young persons to obtain permit after entry

(1)  Any person under the apparent age of sixteen years may be permitted by an immigration officer to enter Nigeria without a permit and to remain in Nigeria for so long as such person is with his parents; and any person so admitted shall not live elsewhere without the approval of the immigration officer. Any such person entering without a permit shall leave Nigeria as and when required by the chief federal immigration officer; and if not having been required to leave he attains the age of sixteen years, he shall apply to an immigration officer for the issue of a permit under section thirty six of this Act to remain in Nigeria. The immigration officer may issue a permit upon such conditions as he thinks fit, or may refuse a permit. If a permit is refused the person affected shall be dealt with in such manner as the Minister may direct.

(2)  The provisions of this section shall extend and apply to any person who entered Nigeria at any time after the thirtieth day of September, nineteen hundred and sixty and before the commencement of this Act, so however that if on the commencement of this Act he has attained the age of not less than sixteen years he shall be deemed for the purposes of this section to be of the age of sixteen years on the commencement of this Act.

(3)  The failure to comply with the requirements of this section shall be an offence under this Act.

43. Power for court to recommend deportation

Where a court of competent jurisdiction convicts an offender under any enactment for an offence punishable by imprisonment without the option of a fine, the court may in addition to or in lieu of sentence recommend the deportation of the offender, and the Minister may order his deportation accordingly.

44. Power to detain in lieu of deportation

Notwithstanding any other provision of this or any other Act, where a deportation order has been made, the Minister may direct the detention of the person affected for such period as he thinks fit if in his opinion the deportation is impracticable or prejudicial to the efficient prosecution of any war in which Nigeria may be engaged, and the detention of the person affected by the deportation order is necessary or expedient for securing public safety, the defence of Nigeria, or the maintenance of public order.

47. Penalties, proceedings, etc.

(1)  A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both; and the court may if it thinks fit recommend the deportation of the offender.

(2)  For the purposes of the trial of a person for any offence under this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which the offender may be.

(3)  Any police officer or immigration officer may arrest without warrant any person whom he had reasonable grounds to believe has committed an offence under subsection (1)            of section twenty three or subsection (1) of section forty five of this Act.

(4)  Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Act have been taken against him.

49. Special cases where entry may be refused

Nothing in this Act shall be construed to prohibit an immigration officer from refusing entry into Nigeria of any person not a citizen of Nigeria if it appears to the immigration officer -

(a)        that the person concerned is a prohibited immigrant; or

(b)        that where a visa is required such person has no current visa; or

(c)  that where a residence or other permit is required as a condition of entry it has not been obtained; or
(amended by the Immigration (Amendment) Decree 1972)

(d)        on the advice of a medical inspector it is undesirable for medical reasons to admit such person.

51. Interpretation

(1)  In this Act unless the context otherwise requires -

"alien" means any person not a Commonwealth citizen or a citizen or Eire;

"aliens officer" means any person appointed for the control of aliens and includes an immigration officer;

"crew" in relation to a ship or aircraft means all persons actually employed in the working or service of the ship or aircraft including the master of the ship and commander of the aircraft, and "member of the crew" shall be construed accordingly;

"enter" with its grammatical variations and cognate expressions includes land;

"immigrant" means any person other than a citizen of Nigeria or person accorded immunity by reason of diplomatic status who enters or seeks to enter Nigeria;

"immigration officer" means any officer appointed for the control of immigration under this Act;

"land" means (subject to subsection (2)  of this section) land from a ship or aircraft, and "embark" shall be construed accordingly;

"leave" with grammatical variations and cognate expressions includes embark;

"Minister" means the Federal Minister charged with responsibility for immigration;

"passport" means with reference to a person producing it, a travel document furnished with a photograph of such person and issued to him by or on behalf of the country of which he is a subject or a citizen and for a period which, according to the laws of that country, has not expired, and includes any other similar document approved by the Minister establishing the nationality and identity of the person to whom it refers to the satisfaction of an immigration officer;

"permit" includes pass;

"prescribed" means prescribed by this Act or by regulations or any order under this Act;

"prohibited immigrant" includes any person liable to be refused entry or to be deported under this Act;

"recognised port" or "port of entry" means in respect of persons landing from or embarking in an aircraft, any recognized aerodrome or airport where there are facilities for customs, health and immigration inspection, and in respect of persons landing from or embarking in a ship or otherwise arriving in or departing from Nigeria, means any place where there are the like facilities;

"travel documents" for entry into Nigeria includes in any proper case a visa and employment papers, and international certificates of health valid for such entry, and where a citizen of Nigeria is departing, includes any visa, employment papers and international certificates of health valid for entry into or travel through any other country, as the case may require;

"visa" means an impress or endorsement by any means on a travel document, purporting to be signed and dated by an officer appointed for that purpose by or on behalf of the Government of Nigeria, and authorising entry into or transit across Nigeria subject to compliance with any special requirements prescribed by the immigration authorities at a port of entry, and valid for specified time and for the number of journeys stated therein.

(2)  References in this Act to persons landing in Nigeria from or arriving at ports in Nigeria as members of the crews of ships or aircraft, do not include references to persons landing from a ship or aircraft which began its voyage at a place in and has not during the voyage called at any place outside Nigeria, or arriving as members of the crew in such a ship or aircraft.

(3)  Where by this Act any power to institute proceedings or to recover moneys is vested in the Attorney-General of the Federation that power may, with the consent given either generally of specially by such Attorney-General, be exercised in his name by any authorised immigration officer but without prejudice to the operation of section ninety seven of the Constitution of the Federation (which provides for the exercise of certain powers by or on behalf of the Director of Public Prosecutions).

(4)  For the avoidance of doubt -

(a)        a person seeking entry shall be treated as in Nigeria after he has complied with all formalities prescribed for inspection by immigration, health and customs authorities, and whether the compliance is subject to conditions or otherwise;

(b)        any permit issued under any repealed Act and valid immediately before the commencement of this Act, shall on the commencement thereof be deemed to have been issued under this Act for the unexpired balance of the term of the permit and may be dealt with accordingly.

Topics: Immigrants, Immigration law, Alien law,