The Nigeria Immigration Service (NIS) is a crucial government agency of the Federal Republic of Nigeria. The NIS is charged with the responsibility of managing migration, securing the nation’s borders, and regulating the entry and exit of persons.
Over the years, the NIS has witnessed series of changes since it was extracted from the Nigeria Police Force (NPF) in 1958. The Immigration Department, as it was known then, was entrusted with the core immigration duties under the headship of the Chief Federal Immigration Officer (CFIO) and the first to sit on that chair was in the person of Mr. EH Harrison. The department in its emergent stages inherited the Immigration Ordinance of 1958 for its operation. At inception, the department had a narrow operational scope and maintained a low profile and simple approach in attaining the desired goals and objectives of government.
The NIS traces its origins back to 1958 when it was carved out of the Nigeria Police Force (NPF) as the Immigration Department, headed by a Chief Federal Immigration Officer. It was formally established by an Act of Parliament on August 1, 1963. Over the years, it underwent significant structural reforms, and on October 1, 1992, its head’s designation changed from “Director of Immigration” to “Comptroller General of Immigration Service,” granting it a para-military status.
The NIS is led by a Comptroller General of Immigration Service (CGIS) and has a comprehensive structure comprising several directorates and specialized units designed to address modern migration challenges. The NIS has made significant strides in embracing Information and Communication Technology (ICT) to enhance its operations and service delivery.
Legal Framework and Key Functions
The Immigration Act was amended in 2015 substantially overhauling the 1963 Immigration Act which had, for all intents and purpose, become obsolete and unfit for purpose. The amended Act introduced several new concepts including the establishment of the Nigeria Immigration Service (“NIS”), specifying its functions and responsibilities and the various visa types available for persons, other than Nigerians seeking entry into Nigeria. The 2015 Act has been well-received and its provisions considered to be in conformity with global best practices with the aim of positioning the Nigeria Immigration Service for better efficiency.
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The Nigeria Immigration Service (NIS) is governed by the Civil Defence, Correctional, Fire and Immigration Services Board (CDCFIB), a joint board under the Federal Ministry of Interior that envisages to develop a virile, motivated, disciplined Paramilitary Services that ensure peace, safety and stability of the Country.
The public security functions of the Ministry of Internal Affairs included passport and immigration control, prison administration, fire service, and oversight of compliance with certain commercial and civic regulations. Important steps such as expulsions, expanded border controls, and acquisition of surveillance and communications equipment, and of weapons for immigration officers had been taken to enforce immigration laws.
Technological Advancement
The NIS has made significant strides in embracing Information and Communication Technology (ICT) to enhance its operations and service delivery.
On the 1st of November, 2018, the contract for the construction of the first phase of the NIS Technology Building was awarded to Julius Berger and the second phase of the project was awarded on the 14th of December, 2020. The project was executed, completed and delivered by Julius Berger. It was commissioned by President Muhammadu Buhari on the 21st of March, 2021. The Technology Building, which when completed will be the most technologically sophisticated building to be owned and operated by NIS since its establishment in 1963, is designed to serve as the Command and Control of the service.
The Command and Control Centre is located at the NIS headquarters in Sauka. The building is located within the NIS headquarters complex in Sauka, Abuja and has a gross floor area of 3600 square meters. It facilitates include E-border Management System, Passport Management System, and the Advanced Passengers Information System.
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During the commissioning, the Comptroller General of the NIS Muhammed Babandede, said, "For us in NIS, the unveiling of this building today, provides a unique platform for security agencies in the country to truly synergize and harmonize efforts under one roof to frontally address various national security concerns using the instrumentality of information and communication technology. The nature of the building and its robust IT infrastructure makes it a great investment and a huge contribution to global security, particularly with its effective connectivity to special platforms such as the INTERPOL and ICAO PKD/PKI databases..........with this, both local and transnational criminal activities can be easily monitored and nipped in the bud.”
Challenges and Debates
However, there is the contention in some quarters that certain provisions of the 2015 Act creates a loophole that might be exploited by companies seeking expatriate quotas -at least that is the assertion of the proponent of the 2016 Bill to amend the Act. The proponents of the 2016 Bill are of the view that the 2015 Act, particularly section 38(4) which makes provision for the employment of foreigners in Nigeria, is not far reaching enough to curb unemployment of Nigerians as it grants the Minister of Interior powers to exempt certain persons from the application of the section.
This raises the concern that the Minister’s power may be abused and jobs that could and should go to Nigerians (Nannies, artisans, tillers, pilots & marines) may arbitrarily be given to foreigners. In the words of Honourable Femi Gbajabiamila, the sponsor of the 2016 Bill, “[m]ost of our top hotels in Nigeria are managed by foreigners, yet we have Nigerians who are professionally qualified to do same. It is not unusual and is even normal to see Chinese labourers on construction sites”.
It is on this premise that the 2016 Bill, which seeks to restrict the issuance of work permit to foreigners, is hinged. The amendment seeks to delete the provisions of Section 38(4) of the 2015 Act and insert a new section 38(4) with the following provisions “Notwithstanding any other provision in this section, this Act or in any other enactment, no foreign national shall be granted a work permit in Nigeria unless the employer(s) has shown to the Comptroller General of Immigration that the has sought applications from qualified Nigerians in that same position for which the foreign national/expatriate is being employed and no Nigerian possesses the requisite knowledge or is willing to work in that area of specialization of interest”.
Understandably there are divergent views on the propriety or otherwise in seeking to amend the 2015 Act, which is still in its infancy, and the import of the proposed amendment considering the increasing global integration of businesses.
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