IMMIGRATION ACT

NO. 8 OF 2015
[View Subsidiary Legislation]

[DATE OF COMMENCEMENT: 25 MAY, 2015.]

This Act has been updated to Government Gazette No. 32 dated 17 February, 2023.

as amended by
Business Facilitation (Miscellaneous Provisions) Act, No. 5 of 2022

ACT

An Act to Repeal the Immigration Act Cap. 11 Laws of the Federation of Nigeria, 2004 and Enact the
Immigration Act, 2015; and for Related Matters.

ARRANGEMENT OF SECTIONS

PART I

Establishment Structure and Functions of the Nigeria Immigration Service, the Appointment and Duties of Immigration
Officers
1. Establishment of Nigeria Immigration Service.
2. General duties of the Immigration Service.
3. Appointment of Immigration Officers.
4. Oaths and Declarations to be taken by officers on appointment.
5. Appointment of Medical Inspectors.
6. Command Structure of the Service.
7. Duties of the Deputy Comptroller­General of immigration.
8. Duties of Assistant Comptroller­General of Immigration.

PART II

Passports and Passports Offences

9. Power to issue, procedure for the issuance, and types of Nigeria passport.
10. Certain offences in respect of passports.
Liability of a recommender or guarantor signing application containing
11.
false declaration.
12. A non­Nigerian citizen and penalties for such non­Nigerian offenders.
13. Cancellation or withdrawal of passports, etc.

PART III

Entry into and Departure from Nigeria

14. Persons liable to examination.
15. Examination of persons entering or leaving Nigeria.
16. Passenger list (manifest) and medical examination.
17. Production of travel document.
18. Entry requirements.
19. Power to refuse entry or to admit into Nigeria.
20. Visa requirements and conditions and power to issue visa.
21. Control of visitors and transit passengers.
22. Power to exempt from certain entry requirements.
23. Power of immigration officer to board Ships.
24. Recognition of ports of entry.
25. Arrival elsewhere other than at a recognised port.

PART IV

Control of Crews and Stowaway

26. Control of immigrants entering Nigeria by inland waters.
 27. Removal of immigrant where entry is refused.
28. Determination of Nationality in special cases.
29. Power to abolish or suspend Visa requirement.
30. Power to prescribe entry conditions and fees.
31. Power to prohibit departure.
32. General Provisions as to detained persons.
33. Application of the Act to young persons.
34. Admission of mentally ill or mentally subnormal persons.
35. Application of the Act to cases of dual Nationality,

PART V

Residence and Employment of Foreign Nationals in Nigeria

36. Entry for business purposes.
37. Residence permit.
38. Employment of immigrants.
39. Revocation or variation of permit.

PART VI

Control of Crew and Stowaways

40. Examination of Crew.
41. Control of Crew members in Ships, Aircrafts, etc.
42. Stowaways.
43. Discharge of crew in Nigeria.

PART VII

Deportation
44. Prohibited immigrants.
45. Deportation order in special cases.
46. Power of the Court to recommend deportation on conviction.
47. Deportation order on recommendation by the Court.
48. Court cases involving deportation to be accorded priority.
49. Removal of persons subject to deportation order.
50. Screening of persons liable to deportation.
51. Offences in connection with deportation order.
52. Power to notify cases especially liable to deportation.
53. Power to detain in lieu of deportation.
Liability of master of a ship and captain of an aircraft, etc., for cost of
54.
deportation.
55. Power to appoint receiver, etc., where owner is deported.

PART VIII

Immigration Offences
56. Offences in connection with control of immigrants.
57. Offences by individuals and penalties.
58. Offences by immigrants employers and workers.
59. Offence of alteration and travel documents.
60. General penalties. proceedings, etc.

PART IX

Establishment of the Directorate of Migration and the Divisions of Regular and Irregular Migration, and the Powers and
Functions of the Division of Irregular Migration
Establishment of the Directorate of Migration and Divisions of Regular and
61.
Irregular Migration.
62. Powers and functions of the division of irregular migration.
63. Special powers of the Division.

PART X

Prohibition of Smuggling of Migrants

64. Prohibition of smuggling of migrants.
 PART XI

Smuggling of Migrants Offences

65. Offence relating to smuggling of migrants.
66. Abuse of the vulnerability of a smuggled person.
67. Offences relating to enabling illegal residence.
Offences relating to procurement, etc., of fraudulent travel or identity
68.
documents.
Penalty for an offence under another relevant law committed for the
69.
purpose of enabling the smuggling of a migrant.
Organising or directing, participating, aiding and abetting, and preparatory
70
acts.
71. Conspiracy to commit an offence.
72. Attempt to commit an offence.
73. Escape or aiding and abetting escape.
74. Tampering with evidence and witness, and obstruction of justice.
75. Consent of an object of an offence.

PART XII

Restitution and Compensation

76. Restitution to smuggled persons.
77. Compensation to smuggled migrants.
78. Enforcement of restitution or compensation orders.
79. Appeal against order of restitution or compensation.
80. State compensation to objects of smuggling of migrants offences.

PART XIII

Seizure, Attachment and Forfeiture of Assets

81. Forfeiture of passport.
82. Forfeiture of assets after conviction.
83. Seizure of property of arrested persons.
84. Property within Nigeria subject to forfeiture.
85. Forfeiture of foreign assets.
86. Seizure of property subject to forfeiture.
87. Investigation of assets and property of an arrested person.
88. Disclosure of assets and properties by an arrested person.
89. Interim attachment order after seizure of property.
90. Final Order of Forfeiture.
91. Disposal of forfeited properties.
92. Offences in relation to forfeiture orders.
Consequences of an acquittal in respect of confiscated assets and
93.
properties.
94. Freezing order on banks or other financial institutions.

PART XIV

Migrant Remedy without Criminal Conviction

95. Migrant's civil remedy.

PART XV

Jurisdiction
96. Jurisdiction to try immigration and smuggling of migrants matters.

PART XVI

Objects of Smuggling of Migrants Trust Fund

Establishment and management of objects of smuggled migrants trust
97.
fund.

PART XVII

Treatment of Smuggled Migrants

 98. Treatment of smuggled migrants.
99. Non­detention or prosecution of smuggled person.
100. Establishment of transit shelters.

PART XVIII

Protection of Information, Informants and Witnesses

101. Protection of information, informants and witnesses.

PART XIX

Miscellaneous and Supplemental Provisions

102. Public Private Partnership and Sharing formula.
103. Refugees.
104. Burden of proof.
105. Offences by a body corporate.
Criminal responsibility of ships and airlines operators, other commercial
106.
carriers, tour operators and operators of travel agencies.
107. Evidence as to orders.
108. Application of certain enactment.
109. Restriction on legal proceedings against the Service.
110. Restriction on execution against property of the Service.
111. Indemnity of officers of the Service.
112. Regulations.
113. Power to institute proceedings.
114. Repeal.
115. Savings provision.
116. Interpretation.
117. Citation.
Schedule

PART I

Establishment, Structure and Functions of the Nigeria Immigration Service, and the Appointment and Duties of
Immigration Officers

1. Establishment of Nigeria Immigration Service

There is established the Nigeria Immigration Service (in this Act referred to as "the Service") which shall be a
body corporate with power to sue and be sued.

2. General duties of the Immigration Service

The Service shall be responsible for­

(a) the control of persons entering or leaving Nigeria;

(b) issuance of travel documents, including Nigerian passports, to bona fide Nigerians within and outside
Nigeria;

(c) issuance of residence permits to foreigners in Nigeria;

(d) border surveillance and patrol;

(e) enforcement of laws and regulations with which they are directly charged; and

(f) performance of such para­military duties within or outside Nigeria as may be required of them under the
authority of this Act or any other enactment.

3. Appointment of Immigration Officers

(1) The Comptroller­General of Immigration shall be appointed by the President from among the serving
officers of the Service on the recommendation of the Board.
 (2) The Comptroller­General shall, subject to directives by the Minister on matters of policy, be charged with
the responsibility for the day­to­day administration of this Act or any other enactment conferring immigration duties
upon him, including the performance of those duties specified in Section 2 of this Act.

(3) The President shall appoint, on the recommendation of the Board, such number of persons from among
serving officers of the Service to be Deputy Comptrollers­General.

(4) (a) The Board shall appoint, from among serving officers of the Service, Assistant­Comptrollers­General.

(b) The Board shall appoint, from among serving officers of the Service, Comptrollers of Immigration and such
other officers as may from time to time be employed to assist the Comptroller­General of Immigration under this Act
and to be subject to his directive and control.

4. Oaths and Declarations to be taken by officers on appointment

(1) On the appointment or promotion of any person as a member of the Service to or above the rank of
Assistant Superintendent II, the provisions of the Oaths Act shall apply and such person shall take and subscribe to
the Oath of Secrecy.

(2) Every non­commissioned officer shall make and subscribe to the Oath of Secrecy and the Service
Declaration.

5. Appointment of Medical Inspectors

The Minister, in consultation with the Minister of Health, shall appoint a duly qualified medical practitioner as a
medical inspector for the purpose of this Act, who shall act in accordance with such instructions as may be given by
the Minister of Health, from time to time.

6. Command structure of the Service

The Command structure of the Service shall comprise­

(a) the Comptroller­General of Immigration, who shall be the head of the Service, charged with the day to
day administration of the Service, and with the responsibility of directing the performance of the
functions specified in Section 2 of this Act;

(b) the Deputy Comptrollers­General, who shall assist the Comptroller General of Immigration in the
performance of his duties and head Directorates at the Service Headquarters;

(c) the Assistant Comptrollers­General, who shall be in charge of Divisions at the Service Headquarters and
head Zonal Offices;

(d) the Comptrollers of Immigration Service, who shall head Sections at the Service Headquarters, and be
the head of State Commands and Training Schools;

(e) the Assistant Comptrollers of Immigration, who shall head Area Offices, each of which shall exercise
supervisory functions over at least three Local Government Areas in each State of the Federation;

(f) officers in charge of Borders, Land, Marine and Air Border Patrol Units; and

(g) Immigration Local Government Area Officers who shall head Local Government Immigration Offices.

7. Duties of the Deputy Comptroller­General of Immigration

(1) A Deputy Comptroller­General is the second in command in the Service and shall act for the Comptroller­
General in the Comptroller­General's absence from Service Headquarters.

(2) When acting for the Comptroller­General, the Deputy Comptroller­General shall be guided by the
following­

(a) all matters involving any change in Service policy shall be held in abeyance pending the return of the
Comptroller­General except where a matter is urgent when it shall be referred directly to the
Comptroller­General for instruction; and

(b) all matters of importance dealt with by the Deputy Comptroller General during the absence of the
Comptroller­General shall be referred to the Comptroller­General on his return for his review.

8. Duties of Assistant, Comptroller­General of Immigration

 An Assistant Comptroller­General shall act for the Comptroller­General in the absence of both the Comptroller­
General and the Deputy Comptroller­General and when so acting, the provisions of Section 7 (2) (a) and (b) of this
Act shall, with all necessary modifications, apply to him.

PART II

Passports and Passports Offences

9. Power to issue, procedure for the issuance and types of Nigeria passport

(1) The power to issue Nigerian Passports shall be vested in the Comptroller­General of Immigration.

(2) Nigerian Passports shall be issued only to bona fide Nigerians, within and outside Nigeria.

(3) Application for Nigerian passports made in Nigeria shall­

(a) be made to the appropriate Immigration Office closest to the applicant's place of residence within
Nigeria; and

(b) in a foreign Country, to the appropriate Diplomatic Mission established abroad and shall be issued by
the Immigration Attached to that Mission:

Provided that where there is no Nigerian Diplomatic Mission in the foreign country in which the Nigerian citizen
is resident, then he shall direct his application to the Nigerian Diplomatic Mission in the nearest country performing
immigration duties for the country in which he is resident.

(4) On the receipt of an application for the Nigerian passport, the officer in charge of issuance of passports
shall forthwith issue the passport to the applicant who has satisfied all the requirements for the issuance of the
passport:

Provided that where an applicant fails to satisfy any requirement, that officer shall notify the applicant in
writing of the requirement which he needs to satisfy within such reasonable period as may be specified in that
notice.

(5) In this section, "passport" means a document of protection and authority to travel issued by the Nigeria
Immigration Service to Nigerians wishing to travel outside Nigeria, and includes, as defined in section 10 (3) and (4)
of this Act, the following­

(a) a Standard Nigerian Passport;

(b) a Nigerian Diplomatic Passport;

(c) a Nigerian Official Passport;

(d) a Nigerian Pilgrim's Passport; and

(e) a Seaman's Passport or Seaman's Certificate of Identity.

10. Certain offences in respect of passports

(1) A person who­

(a) has, holds or is in unauthorised possession of more than one valid standard Nigerian Passport,

(b) unlawfully alters, tampers with or mutilates any passport or any pages thereof,

(c) knowingly makes or causes to be made any false statement for the purpose of procuring a passport
whether for himself or for another person,

(d) submits multiple application forms to one or more passport offices with the intention of obtaining
multiple passports,

(e) knowingly conceals, hides from or fails to disclose to the proper authority the loss of a passport,

(f) acts as a broker at or in the vicinity of any passport office or elsewhere, for the procurement of a
passport,

(g) forges or traffics in passports or holds or is in possession of any forged passport knowing the same to
be forged, or

(h) attempts, aids, abets, counsels, procures, connives or conspires with any other person to do any of the
acts mentioned in this subsection,

commits an offence and is liable on conviction to imprisonment for a term of ten years or a fine of Two Million Naira
or both.

(2) A person shall not be regarded as being in possession of more than one standard Nigerian Passport if, in
addition, he is in possession of any other passport of the following descriptions issued to him by the lawful
authority­

(a) a Nigerian Diplomatic Passport;

(b) a Nigerian Official Passport;

(c) a Nigerian Pilgrim's Passport; or

(d) a Seaman's Passport or Seaman's Certificate of Identification.

(3) In this section, "Standard Nigerian Passport" means any passport of certain description normally issued
to a Nigerian citizen, not being a passport of the description specified in subsection (2) (a)­(c) of this section.

(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; and

(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.

11. Liability of a recommender or guarantor signing application containing false declaration

A recommender or guarantor who signs any application form which contains any false declaration knowing
same to be false or to hide or conceal any material information commits an offence and is liable on conviction to
imprisonment for a term of six months and fine of five hundred thousand Naira.

12. A non­Nigerian citizen and penalties for such non­Nigerian offenders

(1) Any person not being a citizen of Nigeria, who has, holds or is in possession of any Nigerian Passport
commits an offence.

(2) Any person who unlawfully assists a non­Nigerian citizen to procure or be in possession of a Nigerian
Passport commits an offence.

(3) Any person who commits an offence under subsection (1) of this section, is liable on conviction to
imprisonment for a term of seven years or a fine of two million Naira.

(4) A non­Nigerian citizen who is recommended or guaranteed or in any way assisted to procure a Nigerian
Passport in contravention of subsection (1) of this section, is, on conviction, liable to imprisonment for a term of
seven years and a fine of Two Million Naira, and it is immaterial that the non­Nigerian citizen concerned has not
actually procured the passport.

(5) In addition to the penalties imposed under this section, the non­Nigerian citizen concerned may be
deported from Nigeria.

13. Cancellation or withdrawal of passports, etc.

(1) The Minister may, at any time, cancel or withdraw any passport issued to any person if­

(a) the passport is obtained by fraud; or

(b) a person unlawfully holds more than one passport at the same time.

(2) The number of the passport, name and particulars of the holder of any passport withdrawn or cancelled
pursuant to the provisions of subsection (1) of this section shall be published in the Federal Gazette.

PART III

Entry into and Departure from Nigeria

14. Persons liable to examination

 (1) Subject to the provisions of this section, this Act applies to persons arriving or departing Nigeria and to
persons who are at any time therein after the commencement of this Act.

(2) Nothing in this section shall be construed to­

(a) require Nigerians to complete disembarkation cards on arriving Nigeria;

(b) impose any restriction or liability under this Act as to entry, repatriation 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, affect persons exempted therefrom by the Minister under this
Act;

(d) 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 or that he is a person in the employment of the
Federal, State or Local Government, as the case may be;

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

(f) 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 Comptroller
General of Immigration, and this Act shall have effect as if the person who ceased to be exempted were a person
desirous of entering Nigeria for the first time and the Comptroller­General of Immigration may, if he thinks fit, refer
the case to the Minister or may deal with the case himself.

(4) A person affected by subsection (3) of this section may, in the discretion of the Minister or such officer as
the case may require, be issued with a permit to remain in Nigeria and if a permit is refused, the person affected
shall be deemed to be a prohibited immigrant, and may be dealt with in accordance with the provisions of this Act.

15. Examination of persons entering or leaving Nigeria

(1) A person entering or leaving Nigeria shall­

(a) report to an immigration officer for examination; and

(b) furnish such information in his possession as that officer may reasonably require for the purpose of this
Act.

(2) The immigration officer may refuse admission in any improper case.

(3) A 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 document of any description specified by that;

(b) officer, being a description appearing to that officer to be relevant for the purpose of the examination;
and

(c) produce to the officer any document of 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
document:

Provided that nothing in subsection (1) of this section shall authorise the search of any woman or girl except
by a female officer.

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

(5) Reference in this Act to person landing in Nigeria from or arriving at parts in Nigeria as members of the
crew of ships or aircrafts, or any other means of transportation, does not include reference to persons landing from
a ship or aircraft which began its journey at a place in and has not during the journey called at any place outside
Nigeria.

(6) For the avoidance of doubt­

(a) a person seeking entry shall be treated as having been admitted into 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; and

(b) any permit or visa 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.

16. Passenger list (Manifest) and Medical Examination

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

(2) An immigration or transit passengers named in any such list whose international certificate of health fails
to comply with the requirement of the Comptroller­General 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.

17. Production of travel document

(1) Every passenger who arrives or departs Nigeria by any means at or from any recognised port, shall
produce to an immigration officer landing or embarkation cards in such form as the Minister or Comptroller­General
may specify, and shall satisfy the immigration officer that he is the holder of a valid travel document:

Provided that nothing in this subsection shall be construed as requiring a Nigerian to complete a
disembarkation card.

(2) The Minister or the Comptroller­General of Immigration may by order direct the owners or agents of ships
and aircrafts, and other means of transportation to supply to passengers with such landing or embarkation cards.

(3) 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.

(4) 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.

(5) 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
Comptroller General of Immigration.

18. Entry Requirement

(1) An immigration officer shall, unless the Minister or the Comptroller­General of Immigration otherwise
directs, admit into Nigeria a person who­

(a) has in his possession a valid passport or such other travel document as is approved by the Minister or
Comptroller­General of Immigration for admission into Nigeria;

(b) is in possession of a valid visa, residence or work permit, or any other permit, or other form of approval;

(c) is not a prohibited immigrant;

(d) is not considered to be a risk to public health, public interest or national security; and

(e) should not be admitted into Nigeria on any other ground that may be prescribed from time to time by
the Minister or the Comptroller­General of immigration.

(2) A resident or work permit granted to a foreign immigrant shall be treated for purposes of entry into
Nigeria as a multiple entry permit.

19. Power to refuse entry or to admit into Nigeria

(1) The power of an immigration officer to refuse entry or to admit into Nigeria subject to conditions, shall,
unless the Minister 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 group 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 group.

(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 permit admitting
him into Nigeria, subject to conditions.
 (4) Any condition specified in a notice under this section may at any time be revoked or varied by the Minister
or the Comptroller­General of Immigration 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 the 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 provision of this Act, cease to have effect if the person to whom the notice was given again
enters or seeks to enter Nigeria.

(6) An immigration officer shall have the power to refuse entry into Nigeria of any person who is not a citizen
of Nigeria, if­

(a) the person concerned is a prohibited immigrant;

(b) where visa is required, such person has no valid visa;

(c) where a resident or other permit is required as a condition of entry it has not been obtained; or

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

20. Visa requirements and conditions and power to issue visa

(1) The power to issue visa shall be vested in the Comptroller General of Immigration.

(2) Application for visa shall be made to the Comptroller­General of Immigration or to the appropriate Nigerian
Diplomatic Mission established abroad.

(3) Visa­shall be issued in such Diplomatic Missions by the immigration Attached:

Provided that where no Immigration Attached is available in any Mission, that duty shall be performed by any
other officer designated for the purpose by the Head of Mission.

(4) On the receipt of an application for visa, the officer in charge of issuance of visa shall, in the case of­

(a) a person visiting Nigeria, if satisfied that it is proper, issue a visa;

(b) crew seeking permission to land in Nigeria, issue appropriate visa;

(c) persons falling within the categories listed below seeking entry into Nigeria, issue appropriate visa to­

(i) diplomatic or government officials of countries other than Nigeria,

(ii) personnel of the United Nations Organisation and its agencies,

(iii) personnel of the African Union and its agencies,

(iv) personnel of Economic Community of West African States and its agencies,

(v) personnel of international and non­governmental organisations,

(vi) persons seeking entry under any technical aid scheme,

(vii) special organised economic and trade delegations,

(viii) other specialised delegation, and

(ix) persons specially invited by the Federal, State and Local Governments of Nigeria;

(d) a person seeking entry into Nigeria for the purpose of taking up employment under a contract of service
with the Federal, State or Local Government of Nigeria (other than by way of technical aid), his spouse
and dependants, on the production by that person of the contract of service or such other evidence as
may be satisfactory to the Comptroller­General of Immigration, issue the appropriate visa;

(e) a person seeking entry into Nigeria for the purpose of taking up employment in Nigeria, refer the
application to the Comptroller­General of Immigration.

(5) Where no diplomatic Nigerian Mission is established in the country concerned, an application shall be
made to the nearest Nigerian Mission if­

(a) there is an agreement between Nigeria and the government of that country for the performance by that
government of consular functions on behalf of Nigeria, be made to that government; and

(b) there is no such agreement, be made to such Diplomatic Mission as may be designated by the Minister
of Foreign Affairs.

(6) Nothing in this section shall apply to­

(a) persons who. after a tour of duty with the Federal, State or any Local Government, Corporation or
Company owned or controlled by any such government, are abroad on leave with the intention of
resuming duty in Nigeria thereafter;
 (b) spouse and children of person within paragraph (a) of this subsection;

(c) persons otherwise employed in Nigeria and their spouses and dependants who before departure on
leave apply for and obtain a re­entry. visa from the Comptroller­General of Immigration; and

(d) transit passengers who remain in or in the vicinity of the port of entry for a period of time not exceeding
48 hours.

(7) The Comptroller­General of Immigration shall authorise the issuance of Short Visit Visas at the port of
entry to frequent travel business persons of international repute, executive directors of multinational companies,
members of government delegations, holders of United Nations Laissez­passer, Africa Union Laissez­passer,
Economic Community of West African States Laissez­passer, and holders of any other official travel documents of
other recognised international organisations, who are on short visits to Nigeria.

(8) Entry visas to Nigeria shall be issued or rejected with reason within 48 hours of receipt of valid
applications.

(9) A comprehensive and up to date list of requirements, conditions and procedures for obtaining visa on
arrival as well as all other entry visas, including the estimated timeframe, shall be published on all immigration­
related websites, Embassies and High Commissions, and all Nigerian ports of entry.
[S. 20 amended by s. 36 of Act No. 5 of 2022.]

21. 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
other water vessel, aircraft, motor vehicle, or other means of transportation, and

(b) is for the time being on board a ship or other water vessel, aircraft, motor vehicle, or other means of
transportation,

prohibit him from landing from the ship or other water vessel, aircraft, motor vehicle, or other means of
transportation, as the case may be, while he remains at such port or entry point, unless authorised to do so by a
superior immigration officer.

(2) An immigration officer may, by notice given at any time to any person who­

(a) lands from a ship or other water vessel, aircraft, motor vehicle, or other means of transportation in
contravention of a prohibition imposed on him under subsection (1) of this Section;

(b) being a visitor refused admission, or a transit passenger, remains in Nigeria after the ship or other
water vessel, aircraft, motor vehicle, or other means of transportation has left the port of entry; or

(c) having been admitted as a visitor into Nigeria subject to a condition restricting the period for which he
may remain, remains in Nigeria in contravention of that condition,

such person shall, subject to subsection (3) of this Section, 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 conditions the Minister may impose, including in particular, conditions requiring him to leave
Nigeria­

(a) in specified ship or other water vessel, aircraft, motor vehicle, or other means of transportation; or

(b) 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, he fails to comply or is reasonably suspected of intending to
fail to comply with those conditions.

(4) A permit under this section shall be in such form as the Minister may from time to time, prescribe and any
permit issued or condition endorsed may at any time be varied or revoked by the Comptroller­General of
Immigration, or such officer may replace the permit in any proper case.

22. Power to exempt from certain entry requirements

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

(2) The Minister may, by order and in the national interest, exempt any person or class of persons from the
requirement of this Act as to departure from Nigeria.

23. Power of immigration officer to board Ships

An immigration officer or medical inspector may board any ship, aircraft or a vehicle of any description at any
frontier in Nigeria for the purposes of inspection.

24. Recognition of ports of entry

For the purpose of this Act, the Minister may by order prescribe any aerodrome, airport, seaport or control
post as recognised port of entry, and may likewise permit any aircraft or ship to land in Nigeria for the purpose of
immigration clearance.

25. Arrival elsewhere other than at a recognised port

Where any ship, water vessel, aircraft, motor vehicle, or other means of transportation lands by sea or air, or
arrives overland in Nigeria elsewhere than at a recognised port, the master of the ship or water vessel, the captain
of the aircraft, the driver of the motor vehicle or the operator of the other means of transportation shall report to
the nearest immigration office and no person on board or in the vehicle shall leave the ship or water vessel, aircraft,
motor vehicle, or other means of transportation which lands by sea or air, or arrives overland without the authority
of an immigration officer.

PART IV

Control of Crews and Stowaway

26. Control of immigrants entering Nigeria by inland waters

A person who enters Nigeria by inland waters or overland, shall proceed to the nearest recognised port and
appear before an Immigration Officer, and that immigration 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.

27. Removal of immigrant where entry is refused

(1) Where a person arriving by ship or water vessel, aircraft, motor vehicle, or other means of transportation
which lands by sea or air, or arrives overland is for any reason refused entry into Nigeria, an immigration officer may
give the following directives­

(a) the master of the ship or captain of the aircraft, the driver of the motor vehicle or the operator of the
other means of transportation in which the immigrants arrived in Nigeria, to remove the immigrant from
Nigeria in that ship, aircraft, motor vehicle or the operator of the other means of transportation;

(b) the owners or agents of the said ship or water vessel, aircraft, motor vehicle, or other means of
transportation, to remove the immigrant from Nigeria in any ship or water vessel, aircraft, motor vehicle,
or other means of transportation specified in the directives, being a ship or water vessel, aircraft, motor
vehicle, or other means of transportation of which they are the owners or agents;

(c) the said owners or agents to make arrangement for the removal of the immigrant from Nigeria in any
ship or water vessel, aircraft, motor vehicle, or other means of transportation bound for a country or
territory specified in the directives, being a­

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

(ii) country or territory from which he has obtained a passport or other documents of identity,

(iii) country or territory from which he embarked for Nigeria, or

(iv) country or territory to which there is reason to believe that the immigrant will be admitted and 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 directives to be given under
subsection (1) of this Section in respect of an immigrant, or that directives so given would be ineffective, the
Minister or the Comptroller­General of Immigration may give to the owners or agents of any ship or water vessel,
aircraft, motor vehicle, or other means of transportation such directives as may be given under subsection (1) (c) of
this section to the owners or agents of the ship or water vessel, aircraft, motor vehicle, or other means of
transportation in which the immigrant arrived in Nigeria and, in any such case, the cost of complying with the
directives shall be borne by the owners or agents, as the case may be, of the ship or water vessel, aircraft, motor
vehicle, or other means of transportation.

(3) An immigrant in respect of whom directives 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
directives.

28. Determination of nationality in special cases

(1) The Minister may give such directives as he thinks fit for the determination of the nationality of any
person, or if a deportation order is in force, for the disregarding of any change of nationality and where at any time
before or after entry into Nigeria the nationality of any person is or may be questioned, or after entry into Nigeria
person for any reason changes his nationality, the burden of proof shall in any case, lie upon the person asserting
the nationality, as the case may be.

(2) Save in the case of any person in or resident in Nigeria and claiming to be a citizen of Nigeria, no directive
given under this section shall be questioned in any court.

(3) Where a person is detained under this Act, any immigration officer authorised by the Comptroller­General
of Immigration or Minister, may do all things reasonably necessary for photographing, measuring or otherwise
identifying him and to obtain his biometric data.

29. Power to abolish or suspend visa requirement

(1) Where the Minister is satisfied that the government of any other country or a minister thereof permits the
entry of citizens of Nigeria into that country without requiring a visa by nationals of that other country, but without
prejudice to any other requirements of this Act.

(2) Notice of the making of any order under this section shall be given to such person outside Nigeria as the
Comptroller General of Immigration may think fit as soon as practicable.

30. Power 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 the relevant mission shall give effect in any proper case by
issuance of a visa or other entry permit.

(2) For the purpose of this section "embassy" includes any Nigerian High Commission or Consulate.

31. Power to prohibit departure

(1) The Minister, if he thinks it fit to be in the public interest, may by order prohibit the departure of any
person from Nigeria.

(2) The Comptroller­General of Immigration may prohibit departure of any person under the following
conditions­

(a) if there is to his knowledge an unsatisfied order of a court of competent jurisdiction; or

(b) if there is a warrant of arrest relating to that person, an immigration officer may refuse to allow such
person to leave Nigeria, or in his discretion, he may refer the case to the Comptroller­General of
Immigration for further consideration.

(3) Nothing in this section shall apply to any person entitled under any rule of law or enactment to immunity
in respect of things done or omitted to be done in the course of his duty.

32. General provisions as to detained persons

(1) A person required or authorised to be detained under this Act may be detained in such places as the
Minister may direct.

(2) Where a person is detained under this Act, an immigration officer authorised by the Comptroller­General
of Immigration or Minister may do all things reasonably necessary for photographing, measuring or otherwise
identifying him and to obtain his biometric data.
33. Application of the Act to young persons

(1) Subject to the provisions of this Act, any person of or above the apparent age of eighteen years who is in
Nigeria but is not a citizen thereof, shall apply to the Comptroller­General of Immigration­

(a) at such time and place as may be required under this section for a permit under this Act; and

(b) for such permit, not later than three months after he attains that age, and notice of the requirements of
this section may be published in such a manner as the Comptroller­General of Immigration thinks fit.

(2) The Minister may exempt any person or class of persons from the requirement of this section; and the
Comptroller­General of Immigration may, from time to time, give notice of the requirements of this section in the
Federal Gazette and in some newspapers printed and circulating in Nigeria.

(3) A permit under this section shall be subject to such conditions as the Minister may, from time to time
prescribe, and the failure to comply, when required by this section shall be an offence, 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.

(4) A person under the apparent age of eighteen years may be permitted to enter Nigeria only when he has
a valid passport and Visa, and may be permitted to remain in Nigeria as long as such person is with his parents and
any person so admitted shall not live elsewhere without the approval of the Comptroller­General of Immigration.

(5) Such a person, if he attains the age of eighteen shall apply to the Comptroller­General of Immigration for
the issuance of a residence permit under this Act to remain in Nigeria.

(6) The Comptroller­General of Immigration may issue a permit upon such conditions as he thinks fit, or he
may refuse a permit; and if a permit is refused the person affected shall be dealt with in such manner as the
Minister may direct.

(7) The failure to comply with the requirement of this section shall be an offence.

34. Admission of mentally ill or mentally subnormal persons

(1) A person who, without the approval of the Minister given on such term as he thinks fit, brings into Nigeria
any mentally ill or mentally subnormal person, not being a citizen of Nigeria, shall be liable to pay the Minister all
expense which may be incurred by the Minister in connection with the maintenance and transport of such mentally ill
or mentally subnormal person and his deportation from Nigeria.

(2) The amount of any expense incurred shall be recoverable by action brought in the name of the Attorney­
General of the Federation.

35. Application of the Act to cases of dual nationality

(1) Subject to the provisions of this Act, any person who being­

(a) a national of more than one country including Nigeria elects within the time prescribed by the
Constitution of the Federal Republic of Nigeria or any other enactment to be national of any country
other than Nigeria; or

(b) having acquired Nigeria; nationality, for any reason, loses that nationality such person who desires to
obtain a residence permit shall within one month after the election or loss of nationality, as the case
may be, apply to the Comptroller­General of Immigration for a permit to enter or remain in Nigeria; and
the Comptroller­General of Immigration may grant or refuse the permit.

(2) The Minister may upon application approve that a Permanent Residence Permit be issued to a Nigerian
citizen by birth who had earlier on renounced his nationality.

(3) Where the issuance of the permit is refused, an appeal­shall lie to the Minister for the grant of the permit
under this subsection.

PART V

Residence and Employment of Foreign Nationals in Nigeria

36. Entry for business purposes

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

(a) accept employment (not being employment with the Federal, State or Local Governments) without the
consent in writing of the Comptroller General of Immigration; or
 (b) on his own account or in partnership with any other person, practice 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 Comptroller­General of Immigration given on such by
or on behalf of such persons, as the Comptroller­General of Immigration may prescribe.

(2) Any person desirous of entering Nigeria for any of the purposes in subsection (1) of this Section, shall
produce the consent of the Comptroller General of Immigration to an immigration officer; and the failure to do so
shall be an offence, and any person who commits such an offence shall be liable on conviction to a fine of one million
Naira or deportation or both as a prohibited immigrant.

(3) Where any person exempt from any provision of the 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 provisions of this
section shall have effect accordingly.

(4) Notice of any change to the particulars relating to the business permit shall be given to the Comptroller
General of Immigration.

(5) The Service may establish and use any system, using any means of electronic communication to facilitate
the automated filing of any document, information or return contemplated by this Act.

(6) The Service may accredit an established system that is capable of facilitating any activity contemplated
under subsection (5) and satisfies any requirements prescribed or adopted by the Service.

(7) The Service may­

(a) make regulations relating to the standards of operation, accessibility, technical requirements, service
quality and fees for the use of any system contemplated by subsections (5) and (6); and

(b) declare any system established or accredited by the Service to be an acceptable mechanism for filling
any document, information or return instead of any other requirement stipulated in any legislation
relating to the filling of that document, information or return.
[S. 36 amended by s. 37 of Act No. 5 of 2022.]

37. Residence permit

(1) A foreign national may, subject to the provision of section 20 of this Act, enter Nigeria for the purpose of
residence on the production of a residence visa with his other travel documents, signed by or on behalf of the
Comptroller­General of Immigration and issued subject to such conditions as may be endorsed thereon and if the
entry is for any tour of service, such foreign national shall on production of any evidence which an immigration
officer may reasonably require, be deemed to be in possession of a residence permit.

(2) The Comptroller­General of Immigration may grant residence permit for a period not exceeding two years,
subject to renewal.

(3) A person, not a citizen of Nigeria, desirous of entering Nigeria for the purpose of residence shall, unless
exempted under this Act, show evidence of immigration responsibility or any other security on his behalf, and shall
supply such information as the Comptroller­General of Immigration may reasonably require, and if the Comptroller­
General of Immigration is satisfied he may issue a residence permit accordingly.

(4) The residence permit issued under subsection (2) of this Section shall be in such form as may be
prescribed and may be issued by endorsement on any travel document or otherwise as the Comptroller­General of
Immigration may direct.

(5) The Comptroller­General of Immigration may endorse on a residence permit such conditions not
inconsistent with this Act as he thinks fit, and may replace any valid permit issued or deemed to have been issued.

(6) A person who has been lawfully allowed entry into Nigeria, may upon application to the Comptroller­
General of Immigration in the prescribed manner, be issued with a resident permit.

(7) The failure by any person to comply with the requirements of this section or of any condition imposed shall
be an offence, and such person may, if the Minister thinks fit, be required to leave Nigeria; and any bond may be
entreated at suit of the Comptroller­General of Immigration.

(8) The Comptroller­General of Immigration Service may authorise the issuance of temporary work permit
outside quota provision which may be issued by endorsement on any travel document or otherwise as the
Comptroller­General may direct.

(9) The Comptroller­General of Immigration may authorise the issuance of Short Visit Visas to foreign
nationals desirous of coming to Nigeria on short visit not exceeding a period of three months:

Provided that the visa shall not be renewed and provided further that the recipient shall not engage in any
form of paid employment.

(10) The Comptroller­General of Immigration may authorise the issuance of Temporary Residence Visas to
foreign nationals desirous of taking up employment for a period not less than three months, and not exceeding two
years.

(11) The Comptroller­General of Immigration may authorise the issuance of Permanent Residence Visas to
foreign nationals who are married to Nigerians, or who are investors who have imported an annual minimum
threshold of capital over a period of time as may be specified from time to time in the National Visa Policy or any
other such policy:

Provided that the Residence Permit can be withdrawn whenever the investor withdraws his investment or
fails to comply with any other condition that may have been prescribed for the issuance of the Residence permit.

(12) The Minister may, upon application by a Nigerian citizen by birth, who had earlier renounced his
nationality, approve that Permanent Residence Permit be issued to him.

(13) The provisions of this section relating to foreign nationals requiring visas, work permits and residence
permits shall not apply to nationals of Member States of the Economic Community of West African States who are
exempted from requiring entry visas, and are allowed to reside, work and undertake commercial and industrial
activities within Nigeria:

Provided that such citizens shall register with the Service as nationals of the Economic Community of West
African States.

38. Employment of immigrants

(1) Where a person in Nigeria is desirous of employing a person who is a national of any other country, he
shall, unless exempted under this section, make application to the Comptroller­General of Immigration in such
manner as may be prescribed and shall give such information as to the provision to be made for repatriation of that
national and his dependants as the Comptroller­General of Immigration may reasonably require and no such person
shall be employed without the permission of the Comptroller­General of Immigration given on such terms as he
thinks fit.

(2) The provisions of this section shall extend and apply to persons in employment in Nigeria immediately
before, as well as to those employed or to be employed at any time.

(3) The Comptroller­General of Immigration shall record the information in such form as he thinks necessary
and where he is so satisfied, he may require provision to be made for repatriation either generally as to all person
so employed by a person in Nigeria and their dependants or with reference to any particular person, by payment
into the Consolidated Revenue Fund by way of deposit of such amount as the Minister may prescribe for the
repatriation, or by a bond in such form as the Comptroller­General of Immigration may prescribe for such purpose.

(4) The Minister may, by notice, exempt any person from the requirements of this section on such condition as
he thinks fit and subject thereto any person to whom this section applies, who is employed in Nigeria, shall on
ceasing for any reason to be so employed be deemed to be a prohibited immigrant as from the date of the
expiration of his permit and the person who employed him shall be liable to pay all costs and incidental expenses
for the repatriation of the prohibited immigrant and of his dependants.

(5) Failure to comply with the provision of this section shall be an offence and the offender shall be liable on
conviction to imprisonment for a term of five years or a fine of One Million Naira or both.

(6) For the purpose of this section, any person being a company or association shall be deemed to be in
Nigeria if carrying out any work therein.

39. Revocation or variation of permit

(1) The Comptroller­General of Immigration may at any time if he deems it to be in the public interest, revoke
a resident permit or other permit under this Act or may issue a new permit on 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 Comptroller­General of immigration may direct the holder of a permit to surrender it for replacement
or he may re­issue it with such additional or varied conditions as the circumstance may require; the failure to comply
with any directives of the Comptroller­General of Immigration under this subsection shall be an offence, and the
offender shall be liable on conviction to imprisonment for a term of five years or a fine of one million Naira or both.

PART VI

Control of Crew and Stowaways

40. Examination of crew

(1) An Immigration Officer may examine any person who arrived at a port in Nigeria as a member of the crew
of a ship or water vessel, aircraft, motor vehicle, or other means of transportation whether or not he lands or seeks
to land in Nigeria, or comes overland into Nigeria; and the provisions of this Act shall apply to any such person
accordingly.

(2) The Minister may, by order, make provision for requiring masters of ships and captains of aircrafts or
operators of other means of transportation arriving at ports in Nigeria to furnish to the immigration officer
particulars of the members of the crew of those ships or water vessels, aircraft, motor vehicles, or other means of
transportation and for enabling the immigration officer to dispense with the furnishing of such particulars.

41. Control of crew members in ships, aircrafts etc.

(1) A superior immigration officer may, by notice given at any time to any person who­

(a) has arrived at a port in Nigeria as a member of the crew of a ship or water vessels, aircraft, motor
vehicle, or other means of transportation; and

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

(2) If a person affected by subsection (1) of this Section­

(a) lands for a ship or water vessels, aircraft, motor vehicle, or other means of transportation in
contravention of a prohibition imposed on him under subsection (1) of this Section;

(b) remains in Nigeria after his ship or water vessels, aircraft, motor vehicle, or other means of
transportation has left the port; or

(c) having been admitted 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 provision of
subsection (3) of this Section, be treated for the purpose of this Act as if he had been refused admission
into Nigeria.

(3) A superior 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
condition or subject to any condition the Minister may impose, including in particular conditions requiring him to
leave Nigeria­

(a) to leave Nigeria in a specified ship or water vessel, aircraft, motor vehicle, or other means of
transportation; or

(b) within a specified period in accordance with arrangements for his repatriation, 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 aforesaid,
he fails to comply or is reasonably suspected of intending to fail to comply with those conditions.

42. Stowaways

(1) If a 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 purpose of this Act as if he were a prohibited
immigrant and be refused admission into Nigeria accordingly.

(2) Section 19 (3) of this Act shall apply in relation to any such person refused admission as it applies in
relation to any person who has landed or remained in Nigeria as mentioned in Section 19 (2).

43. Discharge of crew in Nigeria

(1) Notwithstanding the provisions of any other Act or enactment, no member of the crew of any ship or
water vessel, aircraft, motor vehicle, or other means of transportation who is not a citizen of Nigeria, shall be
discharged in Nigeria without the approval of the Comptroller­General of Immigration given on such terms as he
may think fit.

(2) The provisions of this section shall extend and apply to the crew of any ship or water vessel, aircraft,
motor vehicle or other means of transportation which operates solely or mainly within the territorial waters of
Nigeria.

PART VII

Deportation
44. Prohibited immigration

(1) A person within any of the following categories shall be deemed to be a prohibited immigrant and liable to
be refused admission or to be deported from Nigeria as the case may be­

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

(b) mentally ill or mentally severely subnormal person;

(c) a person trafficking in persons or smuggling migrants;

(d) a person convicted of any crime wherever committed, which is an extradition crime within the provisions
of the Extradition Act;
[Cap. E25 LFN. 2004.]

(e) a person whose admission would in the opinion of the Minister be contrary to national interest or
security;

(f) a person against whom an order of deportation from Nigeria is in force;

(g) a person who­

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

(ii) being a person under the age of eighteen years, has not in his possession a valid passport or
visa, and is unaccompanied by an adult on whose valid passport, his particulars are appearing;

(h) a person who­

(i) is a prostitute,

(ii) is a person who has been convicted of the offence of rape, defilement, or any other sexual
offence;

(iii) is a brothel keeper or a person permitting the defilement, or seduction of a child or young person
on his premises or on any other premises under his control;

(iv) encourages the seduction of a child or young person; or

(v) is trading in prostitution, or is a procurer,

is deemed to have committed an offence and is liable on conviction to imprisonment for ten years.

(2) Any person convicted under subsection (1) of this Section shall be deported after serving his term of
imprisonment unless the provisions of the Transfer of Convicted Offenders (Enactment and Enforcement) Act apply.
[Act No. 1 of 2013.]

(3) The Minister may, at any time by notice add to or amend any category of prohibited immigrants in
subsection (1) of this Section and if he deems it to be in the public interest, may prohibit the entry into or stay in
Nigeria of any other person or category of persons.

(4) In this section­

(a) "brothel keeper" includes any person who appears, acts or behaves himself as the owner of, or the
person having the care, management or control of any premises, or room or set of rooms in any
premises, kept for the purpose of prostitution;

(b) "householder permitting the defilement of a child or young person on his premises" means any person
who, being the owner or occupier of any premises or having or acting or assisting in the management
and control thereof, induces or knowingly suffers any person under the age of eighteen to resort to or
being or upon such premises for the purpose of being unlawfully and carnally known by any person or
for any lewd purpose;

(c) "person allowing a person under eighteen years of age to be in a brothel" means any person having
the custody, charge or care of a child or young person who has attained the age of six years but is
below the age of eighteen years, who allows that child or young person to reside in or frequent a
brothel;

(d) "person causing or encouraging the deduction or prostitution of a person under eighteen years of age"
means any person having the custody, charge or care of a girl under the age of eighteen years who
causes or encourages the seduction, unlawful carnal knowledge, or prostitution of or the commission of
an indecent assault upon such person;

(e) "person trading in prostitution" means­

(i) a person who, knowingly lives wholly or in part on the earnings of prostitution or who in any
public place persistently solicits or importunes for immoral purpose,
 (ii) a person who, for the purpose of gain, exercises control, direction or influence over the
movements of a prostitute in such a manner as to show that such a person is aiding, abetting or
compelling his prostitution with any person or;

(f) "procurer" means any person who­

(i) procures or attempts to procure any person under eighteen years of age, not being a prostitute
or of known immoral character, to have unlawful carnal connection, either within or without
Nigeria, with any other person,

(ii) procures or attempts or procure any person to become a prostitute either within or without
Nigeria,

(iii) procures or attempts to procure any person to leave his usual place of abode, such place not
being a brothel, with intent that he may, for the purpose of prostitution, become an inmate of a
brothel, either within or without Nigeria,

(iv) by threat or intimidation procures or attempts to procure any person to have unlawful carnal
connection either within or without Nigeria,

(v) by false pretences or false representations procures any person, not being a prostitute or of
known immoral character, to have unlawful carnal connection, either within or without Nigeria,

(vi) applies or administers to or causes to be taken by a person any drug, matter, or thing, with intent
to stupefy or overpower him or her so as to enable any person to have unlawful carnal connection
with him or her; and

(g) "prostitution", with its grammatical variations and cognate expression, includes the offering by a person
of his or her body commonly for acts of lewdness for payment although there is no act, or offer of an
act, of ordinary sexual connection.

(5) For the purpose of this section, a person shall be deemed to possess a valid passport if­

(a) being a citizen of any other country he produces with his passport for inspection under this Act a
residence permit issued by or on behalf of the Comptroller­General of immigration under section 37 and
any visa issued under section 19 of this Act; or

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

45. Deportation order 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 commits an offence, and if convicted the court may make a
recommendation for the 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 the 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; this subsection shall have effect notwithstanding any
other provision of this Act.

(3) If the Minister is of the 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 provision 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 Visitors Permit or Transit Permit remains in Nigeria beyond the time
allowed by such a permit or breaks any other condition subject to which such permit was issued whether or not he
has been prosecuted for an offence under this Act.

46. Power of the court to recommend deportation on conviction

(1) Where the court convicts an offender Under this Act or any other enactment for an offence punishable by
imprisonment for a term of one year and above, the court may in addition to or in lieu of a sentence, recommend the
deportation of the offender, and the Minister may order his deportation accordingly.

(2) For the purpose of any enactment relating to appeals in criminal cases, a recommendation for deportation
by the trial court shall be treated, for purposes of an appeal, as if it were a sentence.
47. Deportation Order on recommendation by the Court

(1) Where a court orders a deportation, the Minister shall comply with such orders requiring the offender to
leave Nigeria and prohibiting him from returning to Nigeria as 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

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

(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 upheld 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.

48. Court Cases involving deportation to be accorded priority

(1) Where a person is charged with an Offence upon conviction of which the offender may be recommended
under this Act or any other Act for deportation, the case shall be dealt with in priority to any case, civil or criminal,
other than a case part heard; and notwithstanding the provisions of any other Act or enactment, the offender at
the hearing may be remanded in custody for a period not exceeding 21 days at the first instance, and thereafter as
occasion may require, the offender may be again so remanded from time to time; but in no case shall the total
period of remand exceed 90 days;

(2) If no deportation order is made by the Minister within such period or extended period as aforesaid the
offender may be dealt with as the court thinks fit; and where a sentence of imprisonment is imposed, account shall
be taken of the period during which the offender was held in custody on remand.

49. Removal of persons subject to Deportation Order

(1) The Minister, Comptroller­General of Immigration or any officer acting under his authority and
notwithstanding any other provision of this Act, give directives to the master of any ship or captain of any aircraft or
operator of any other means of transportation which is about to leave Nigeria, requiring him to provide passage to
any person against whom a deportation order is in force, and to any dependants of his specified in the directives, a
passage to any port so specified being a port in a country of which that person is a citizen or a country or territory
to which the Minister has reason to believe that he will be admitted, and at which the ship, aircraft, or the other
means of transportation is to call or land in the course of its journey and proper accommodation and maintenance
during the passage.

(2) A person in respect of whom directives are given under subsection (1) of this Section, may be placed,
under the authority of the Minister, on board any ship, or water vessel, aircraft, motor vehicle or other means of
transportation in which he is to be removed in accordance with the directives.

(3) The employer of any person against whom a deportation order is in force shall pay the expenses
incidental to the journey from Nigeria of the person to be deported and his dependants, if any, and the
maintenance until departure of such person and his dependants and in default of such payment the Minister may
sue for and recover the same, or in his discretion may apply in and towards any such expenses aforesaid, funds
belonging to the persons to be deported, or cause the expenses to be defrayed by the Government of the
Federation.

50. Screening 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, nor 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) make a deportation order in respect of him;

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

(c) directs that he be released pending further consideration of his case.

(2) Where a deportation order is in force in respect of an offender, he 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 Immigration Office as the
Minister may think fit.

51. Offences in connection with deportation Order

(1) If a person in respect of whom a deportation order is in force­

(a) having left Nigeria after notice of the making of the order has been given to him on behalf of the
Minister, subsequently returns to Nigeria, or

(b) having been placed on board a ship or aircraft under this Act, lands from that ship or water vessel,
aircraft, motor vehicle or other means of transportation before it has left Nigeria, commits an offence
and is liable on conviction to the penalty provided for in subsection (8) of this Section:

Provided that any offence under this section shall be deemed to continue throughout any period during which
the offender is in Nigeria after its commission.

(2) If a person, upon whom any restriction or requirement is imposed under this Act, fails to comply with that
restriction or requirement, he commits an offence and is liable on conviction to the penalty provided for in
subsection (8) of this Section.

(3) Where a person in respect of whom a deportation order is in force is convicted of any offence under
subsection (1) of this Section, the operation of the deportation order shall not be suspended but shall cease to
have effect.

(4) If any person knowingly harbours any person whom he knows or has reasonable grounds for believing to
have committed an offence under subsection (1) of this Section, commits an offence and is liable on conviction to the
penalty provided for in subsection (8) of this Section.

(5) Any person who knowingly harbours any person whom he knows is to be deported or has reasonable
grounds to believe has acted in contravention of this Act, commits an offence and is liable on conviction to the
penalty provided for in subsection (8) of this Section.

(6) Any person who knowingly permits or assists the escape from any ship or water vessel, aircraft, motor
vehicle or any other means of transportation in Nigeria of any person to be deported, commits an offence and is
liable on conviction to the penalty provided for in subsection (8) of this Section.

(7) Any person who wilfully and without lawful excuse hinders or obstructs any deportation being effected
under this Act, commits an offence and is liable on conviction to the penalty provided for in subsection (8) of this
Section.

(8) Any person convicted of an offence under this section shall be liable to imprisonment for ten years or to a
fine of Two Million Naira or both.

52. Power to notify cases especially liable to deportation

(1) The Minister may from time to time by notice direct that persons within any category specified in the notice
entering Nigeria otherwise than by land, sea or air, shall be liable to deportation as prohibited immigrants without
the intervention of any court; and any person in any such category may be arrested and detained by an immigration
officer within a reasonable time and may, subject to subsection (2) of this Section, be deported forthwith. If any
person is to be deported under this section, the immigration officer shall report the case in writing as soon as
possible to the Comptroller­General of Immigration.

(2) The power to arrest or to deport under this section may be exercised by a superior immigration officer.

53. Power to detain in lieu of deportation

Notwithstanding any other provision of this Act or any other Act, where a deportation order has been made,
the Minister shall direct the detention of the person affected for such period which, 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.

54. Liability of master of a ship and captain of an aircraft, etc. for cost of deportation

(1) Where a prohibited immigrant disembarks from any ship or water vessel, aircraft, motor vehicle or other
means of transportation in Nigeria, the master, owner, operator and the agent of such ship or water vessel,
aircraft, motor vehicle or other means of transportation shall be jointly and severally liable to pay to the Service all
expenses incurred by the Service in connection with the transport and maintenance of the prohibited immigrant and
of his deportation from Nigeria.
 (2) The amount of any expenses incurred shall be recoverable by action brought in the name of the Attorney­
General of the Federation.

(3) When an action, be it civil or criminal, has been brought against a master of ship or captain of an aircraft,
driver of a vehicle or any operator of any other means of transportation under the provisions of this Act, the
clearance outwards of the ship or water vessel, aircraft, motor vehicle, or other means of transportation may be
refused until the case has been determined upon and such­master, captain, driver, or other operator has complied
with whatever order the court may issue in respect of the case.

(4) When an action, be it civil or criminal, has been brought against a master of a ship or captain of an aircraft
or driver of a vehicle or operator of other means of transportation under the provisions of this Act, the clearance
outwards of the vessel or aircraft or vehicle or other means of transportation may be refused until the case has
been determined, and until such master, captain or driver or operator has complied with whatever order the Court
may issue in respect of the case.

55. Power to appoint receiver, etc. where owner is deported

(1) Where it appears to the Minister and it is expedient that any business previously conducted or managed
by any person who has been deported, or has been detained under Section 53 of this Act, should be wound up, he
may cause application to be made to the Court for the appointment of a receiver or receiver and manager in respect
of such business, and the Court shall have power to appoint a receiver or receiver and manager for such time and
subject to such conditions and with such modifications, restrictions or extensions of the ordinary powers and duties
of a receiver or receiver and manager as the court may think fit.

(2) The Court shall also have power to direct how and by whom the costs of any proceeding under this
section, and the remuneration, charges and expenses of the receiver or receiver and manager shall be borne, and
may order that the costs and expenses be charged against the property of the person whose business is being
wound up in such order of priority in relation to any existing charges thereto as it thinks fit.

PART VIII

Immigration Offences

56. Offences in connection with control of Immigrants

(1) A person who­

(a) aids or assists any person to enter Nigeria in contravention of this Act;

(b) while refusal of admission is in force in relation to him enters or remains within Nigeria otherwise than in
accordance with the directives or under the authority of an immigration officer;

(c) contravenes or fails to comply with any condition imposed on him under this Act;

(d) restricts or obstructs, any immigration officer in the lawful execution of his duty, commits an offence and
any offence under this subsection, being an offence committed by entering or remaining in Nigeria, shall
be deemed to continue throughout any period during which the offender is in Nigeria thereafter.

(2) If a person knowingly harbours any person whom he knows or has reasonable ground for believing to
have committed an offence under subsection (1) of this Section, being an offence committed by entering or
remaining within Nigeria he commits of an offence.

(3) If a person­

(a) makes or causes to be made to any immigration officer any return, statement, or representation which
he knows to be false or does not believe to be true.

(b) refuses or fails to produce or furnish to any such officer any document or information which he is
required to produce or furnish to that officer under this Act or otherwise obstructs any such officer in the
exercise of his function there under, or

(c) 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 of an offence.

(4) Any person who commits any of the offences prescribed under subsections (1) and (2) of this Section is
liable to imprisonment for a term of ten years or a fine of Two Million Naira, or both.

(5) Any person who commits any of the offences prescribed under subsection (3) of this Section is liable to
imprisonment for a term of five years or a fine of One Million Naira, or both.

(6) Where a person is charged with any of the offences under this Act and the evidence establishes an
attempt to commit that offence, he may be convicted of having attempted to commit that offence and shall be liable
on conviction to half of the penalty provided for that offence in this Act.

(7) Where a person is charged with attempt to commit any of the offences under this Act and the evidence
establishes the commission of the full offence, the offender shall not be entitled to acquittal but shall be convicted of
the offence as prescribed by this Act.

57. Offence by individuals and penalties

(1) The Nigerian passport of any person convicted of an offence under this Act and any other enactment, shall
be forfeited to the Federal Government and shall not be returned to that person unless the Minister so directs.

(2) A Nigerian deported for­

(a) immigration related offences shall not be issued another passport until after two years of his
deportation;

(b) any other criminal offence, shall not be issued another passport until after five years of his deportation.

(3) A person found guilty of fraudulently acquiring or possessing multiple Nigerian passports shall not be
issued any other passport until after five years of his being convicted for such offence.

(4) If a person presents to an immigration officer forged travel documents in the cases hereunder listed, he
commits an offence­

(a) traveling out of Nigeria for the purpose of prostitution, or

(b) human trafficking for the purpose of prostitution and child labour and abuse, and is liable to
imprisonment for a term of ten years or a fine of Two Million Naira or both;

(5) Any expatriate person who fails, neglects or refuses to apply for the­

(a) regularisation of his stay in Nigeria within the stipulated period of three months;

(b) renewal of his Business, Transit, Visitors Pass, or Temporary Work Permit (TWP) after expiration; or

(c) 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.

58. Offences by immigrants employers and workers

It is an offence under this Act for any employer of persons liable to repatriation to discharge any such persons
without giving notice to the Comptroller­General of Immigration, or for any such employed person to be re­
designated, or change his employment, without the approval of the Comptroller­General of Immigration, and upon
conviction, the employer if not a citizen of Nigeria and the employed person, as the case may be and his
dependants shall, if the Minister thinks fit, be deported and the business of the employer may be wound up as
prescribed by this Act.

59. Offence of alteration and travel documents

A person who alters or assists another in altering his travel document, or who produces or reproduces, or
assists in the production or reproduction of any such travel document without lawful authority, commits an offence
and is liable on conviction to imprisonment for a term of five years or to a fine of one million Naira or both.

60. General penalties, proceedings, etc.

(1) A person commits an offence under this Act, where no specific penalty is provided, shall be liable on
conviction to imprisonment for a term of one year or a fine one hundred thousand Naira or both and the court may if
it thinks fit, recommend the deportation of the offender.

(2) An agent, who is not a body corporate and who commits an offence under this Act, shall where no specific
penalty is provided be liable on conviction to imprisonment for a term of ten years or a fine of two million Naira or
both.

(3) For the purpose 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 was committed, or at any place at which the offender may be.

(4) An immigration officer may arrest without warrant any person who he has reasonable grounds to believe
has committed an offence under this Act.

(5) A power 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.

PART IX

Establishment of the Directorate of Migration and the Divisions of Regular and Irregular Migration, and the Powers and
Functions of the Division of Irregular Migration

61. Establishment of the Directorate of Migration and the Divisions for Regular and Irregular Migration

(1) There is established within the Nigeria Immigration Service, the Directorate of Migration, in addition to the
existing Directorates.

(2) There is established in the Directorate of Migration, the Division for Regular Migration and the Division for
Irregular Migration.

(3) The Division for Irregular Migration shall have responsibility for hand ling matters relating to smuggling of
migrants and allied matters provided for under this Act and any other relevant law.

62. Powers and Functions of the division for irregular migration

The Division for Irregular Migration shall be responsible for­

(a) the enforcement and the due administration of the provisions of this Act and any other relevant law, in
so far as they relate to smuggling of migrants;

(b) the co­ordination and enforcement of any other law relating to any aspect of smuggling of migrants and
related offences;

(c) the adoption of effective measures for the prevention, eradication or elimination of smuggling of
migrants and related offences, including co­ordinated preventive and regulatory actions, introduction
and maintenance of investigative and control techniques on the prevention of smuggling of migrants;

(d) the investigation of all cases of smuggling of migrants;

(e) the facilitation and encouragement of the presence or availability of persons, including persons in
custody, who consent to assist in investigations or participate in proceedings relating to smuggling of
migrants and related offences;

(f) the enhancement of the effectiveness of law enforcement agents and other partners in the suppression
of smuggling of migrants;

(g) in collaboration with the Public Relations Unit of the Service, the undertaking and enhancement of
public: enlightenment and awareness creation through seminars, workshops, publications, radio and
television programmes and other means aimed at educating the public on the dangers of smuggling of
migrants;

(h) establishing, maintaining and securing communications to facilitate the rapid exchange of information
concerning offences under this Act or any other relevant law;

(i) improving international co­operation in the suppression of smuggling of migrants;

(j) conducting joint operations with relevant law enforcement agencies, international bodies or authorities
involved in similar responsibilities geared towards the eradication of smuggling of migrants;

(k) reinforcing and supplementing measures in bilateral and multilateral treaties and conventions on
smuggling of migrants adopted try Nigeria;

(l) strengthening and enhancing effective legal means for international cooperation in criminal matters for
suppressing smuggling of migrants;

(m) strengthening co­operation with other law enforcement and security agencies, relevant government
agencies and other partners in the eradication of smuggling of migrants;

(n) taking charge, supervising, controlling and coordinating the protection and rehabilitation of, as well as
assistance to smuggled migrants;

(o) taking charge of, supervising, controlling, coordinating all the responsibilities, functions and activities
relating to the prevention, investigation and prosecution of all offences connected with or relating to
smuggling of migrants;

(p) adopting measures to identify, trace, freeze, confiscate or seize proceeds derived from smuggling of
migrants and related offences, or properties and assets of offenders or suspected offenders whose
value corresponds to such proceeds;
 (q) researching into the internal and external factors responsible for smuggling of migrants and taking
measures, initiating programmes and developing strategies for addressing the problems, to enhance
the prevention and elimination of the root causes of smuggling of migrants in collaboration with relevant
agencies or bodies, research institutions, non­governmental organisations, consultants and
international partners;

(r) facilitating rapid exchange of scientific and technical information concerning or relating to smuggling of
migrants;

(s) collaborating with government bodies both within and outside Nigeria carrying on functions wholly or
partly similar to those of the Division concerning the­

(i) movement of proceeds or properties derived from smuggling of migrants and other related
offences;

(ii) identities, whereabouts and activities of persons suspected of being involved in offences created
under this Act; and

(iii) exchange of personnel and other experts;

(t) establishment and maintenance of a system for monitoring trans­border dealings in smuggling of
migrants in order to identify suspicious movements and persons involved;

(u) dealing with matters connected with the extradition, deportation and mutual legal or other assistance
between Nigeria and any other country involving trafficking in persons, subject to the powers of the
Minister, and the Attorney­General of the Federation, in appropriate cases;

(v) initiating, developing and enhancing capacity building, including specific training programmes for the
personnel of the Division, and personnel of other Divisions of the Service, as well as the personnel of
other relevant law enforcement agencies charged with the responsibility for the prevention, detection
and investigation of offences created under this Act and any other relevant law, judicial officers handling
the trial of the cases, and other stakeholders, including the personnel of the civil society, who may be
involved in the various stages of the processes of prevention, investigation, and trial of the offenders,
and the rehabilitation and resettlement of the smuggled persons; and

(w) carrying out such other activities as are necessary or expedient for the full discharge of any or all of the
functions conferred on it under this Act or any other relevant law.

63. Special powers of the Division

The Division shall have the power to­

(a) investigate whether any person, body or entity has committed an offence under this Act or any ancillary
offence under any other relevant law;

(b) enter into any premises, property or conveyance without warrant for the purpose of conducting
searches in furtherance of its functions under this Act or under any other relevant law;

(c) arrest, detain and prosecute offenders under this Act or any other law on smuggling of migrants and
ancillary offences in Nigeria;

(d) trace, seize, detain or retain the custody, for the purpose of investigation and prosecution, of any
property which the Division reasonably believes to have been involved in or used in the commission of
offences, or derived from the commission of the offences under this Act or any other relevant law;

(e) seal up premises upon reasonable suspicion of such premises being involved with or used in connection
with the commission of offences under this Act or any other relevant law; and

(f) seeking and receiving information from any person, authority, corporation or company without let or
hindrance in respect of the enforcement of any of the provisions of this Act or any other relevant law.

PART X

Prohibition of Smuggling of Migrants

64. Prohibition of smuggling of migrants

No person shall, for purposes of financial or any other material benefit, by means of a fraudulent travel or
identity document, procure the illegal entry of a person into, or the illegal stay of a person in, a country of which
that person is not a national or a permanent resident.

PART XI
 Smuggling of Migrants Offences

65. Offence relating to smuggling of migrants

(1) Any person who intentionally or knowingly, in order to obtain directly or indirectly, a financial or other
material benefit, procures the illegal entry of a person into a country of which the person is not a national or
permanent resident, commits an offence, and is liable on conviction to imprisonment for a term of ten years or a fine
of not less than one million Naira or both, and is in addition, liable to refund to the migrant all monies obtained from
him in the course of the commission of the offence.

(2) Where the offence in subsection (1) of this Section is committed in circumstances which endanger the life
or safety of the smuggled migrant concerned, or entails the subjection of the smuggled person to torture, cruel,
inhuman or degrading treatment, or exploitation, or is committed by a member of a criminal group, the offender is
liable on conviction to imprisonment for a term of fourteen years or a fine of not less than two million Naira or both,
and is also liable to refund to the smuggled migrant all monies obtained from him in the course of the commission of
the offence, is in addition liable to pay compensation to the smuggled migrant as may be determined by the Court.

(3) Where any person who is the object of the smuggling in subsection (1) of this Section is a citizen of a
member State of the Economic Community of West African States and the receiving country is also a member State
of the Economic Community of West African States, the offender is liable to a penalty of imprisonment for a term of
three years or a fine of three hundred thousand Naira or both:

Provided however that where the offence is committed in any of the circumstances specified in subsection (2)
of this Section, the offender is liable to the penalty or penalties provided for in subsection (2) of this section.

(4) For the purpose of subsection (1) of this section, "illegal entry" means crossing borders without complying
with the necessary requirements for legal entry into the receiving State, and includes any crossing of a border at an
irregular border point.

(5) For the purpose of subsection (4) of this Section, "an irregular border point" means any point on any
border of a country which is not an officially designated entry or exit point into or out of that country.

(6) For the purpose of subsection (2) of this Section, "receiving country" means the country into which the
migrant is smuggled.

(7) Any person who intentionally, in order to obtain a financial or material benefit from another person,
engages in fraudulent acts or conducts purportedly for the purpose of procuring, facilitating or promoting the actual
or intended entry or transit by another person into or across a country of which that other person is not a national
or a permanent resident, commits an offence, and is liable on conviction to imprisonment for a term of ten years or a
fine of not less than one million Naira or both, and is in addition liable to refund to the smuggled person all monies
fraudulently obtained from him:

Provided however that where the offence is committed in any of the circumstances specified in subsection (2)
of this Section, the penalty or penalties shall be as specified in subsection (2) of this Section:

Provided further that where the offence was committed against a citizen of a member State of the Economic
Community of West African States in circumstances specified in subsection (3) of this Section, the offender is liable
on conviction to imprisonment for a term of five years or a fine of not less than five hundred thousand Naira or both,
and is also liable to refund to the smuggled migrant all monies obtained from him in the course of the commission of
the offence, and is in addition liable to pay compensation to the smuggled migrant as maybe determined by the
Court.

66. Abuse of the vulnerability of a smuggled person

(1) Any person who intentionally or knowingly, in order to obtain directly or indirectly a financial or material
benefit, abuses, endangers or exploits the vulnerability of a smuggled person, commits an offence, and is liable on
conviction to imprisonment for a term of fourteen years and a fine of not less than two million Naira or both, and is
in addition, liable to refund to the smuggled migrant all monies obtained from him in the course of the commission of
the offence, and is also liable to pay adequate compensation to him for any economic, physical, psychological,
emotional, or other injury, loss or damage which he may have suffered as a result of the offence as may be
determined by the Court.

(2) Where any offence under this Act or any other relevant law is committed in circumstances which endanger
the life or safety of the smuggled migrant concerned, or entails the subjection to torture, cruel, inhuman or
degrading treatment or exploitation of such migrant, or is committed by a member of a criminal group, the offender
is liable on conviction to imprisonment for a term of fifteen years or a fine of not less than then Two Million Naira or
both, and is in addition, liable to refund to the smuggled person all monies obtained from him in the course of the
commission of the offence, and is also liable to pay adequate compensation to him for any economic, physical,
psychological, emotional, or other injury, loss or damage which he may have suffered as a result of the offence as
may be determined by the Court.

(3) For the purpose of this section, the term "abuse, endangering or exploitation of vulnerability" includes
circumstances where it is apparent or should have been apparent to the person that the smuggled person had little
real choice but to agree to submit to the conduct defined as an offence under subsection (1) or subsection (2) of
this Section, particularly where the smuggled person­

(a) is a woman or a person below the age of eighteen years; or

(b) had little real choice but to agree to submit to­

(i) torture, cruel, inhuman or degrading treatment;

(ii) abnormal or dangerous travel, living or working conditions;

(iii) the provision of services to the smuggler or some other person at the instance of, or with the
connivance of the smuggler, either without payment or for abnormally low payment; and

(iv) payment of an excessive amount or with sexual services, for goods or services, including food,
water, accommodation, transport, immigration and employment related services provided by the
smuggler.

67. Offences relating to enabling illegal residence

(1) Any person who intentionally or knowingly, in order to obtain, directly or indirectly, a financial or material
benefit, enables a person­who is not a national or permanent resident of a country to stay illegally in that country
by means of a fraudulent identity document or any other illegal means, commits an offence, and is liable on
conviction to imprisonment for a term of seven years and a fine of not less than one million Naira or both, and is in
addition liable to refund to the smuggled person all monies obtained from him in the course of the commission of the
offence.

(2) Any person who intentionally, in order to obtain a financial or material benefit from another person,
engages in a fraudulent act or conduct purportedly for the purpose of procuring, facilitating or promoting the stay by
that other person in a country of which he is not a national or a permanent resident, commits an offence, and is
liable on conviction to imprisonment for a term of ten years or a fine of not less than one million Naira or both, and is
in addition liable to refund to the smuggled migrant all monies obtained from him in the course of the commission of
the offence.

68. Offences relating to procurement etc. of fraudulent travel or identity documents

(1) Any person who, in order to obtain directly or indirectly a financial or material benefit, intentionally or
knowingly produces, procures, provides, or possesses a fraudulent travel or identity document for the purpose of
enabling the smuggling of migrants provided for in Section 65, or the enabling of illegal residence provided for under
Section 67, commits an offence and is liable on conviction to imprisonment for a term of not less than seven years or
a fine of not less than One Million Naira or both, and is in addition liable to refund to the smuggled person all monies
fraudulently obtained from him.

(2) Where the offence in subsection (1) of this Section is committed in circumstances which endanger the life
or safety of the smuggled migrant concerned or any other person, or entails inhuman or degrading treatment or
exploitation of such migrant or such other person, or is committed by a member of a criminal group, the offender is
liable on conviction to imprisonment for a term of twelve years and a fine of not less than Two Million Naira or both,
and is in addition liable to pay compensation to the smuggled migrant as may be determined by the Court.

69. Penalty for an offence under another relevant law committed for the purpose of enabling the Smuggling of
a migrant

Any person who is convicted of any offence not created under this Act, but is created under any other relevant
law, and that offence is committed for the purpose of enabling the smuggling of a migrant or enabling illegal
residence, notwithstanding any penalty provided for that offence in that other law, the offender is liable on
conviction to imprisonment for a term of ten years or a fine of One Million Naira or both.

70. Organising or directing participating aiding and abetting and preparatory acts

Any person who­

(a) organises or directs any other person to commit an offence under this Act or under any other relevant
law;

(b) participates as an accomplice in the commission of an offence under this Act or under any other relevant
law;

(c) procures any other person by any means whatsoever to commit an offence' under this Act or under any
other relevant law;
 (d) aids, abets or counsels any other person to commit, or is an accessory to any act or offence under this
Act or under any other relevant law; or

(e) does any act preparatory to or in furtherance of the commission of an offence under this Act or under
any other relevant law,

commits an offence and is liable on conviction to the same penalty as is provided for the offence itself under this Act
or under any other relevant law, and where no penalty is provided for such an offence under this Act, to twice the
penalty provided under any such other law:

Provided that the penalties provided under such law is not the equivalent to or higher than the punishments
provided under this Act.

71. Conspiracy to commit an offence

Any person who conspires with another to commit an offence under this Act or any other relevant law commits
an offence, and is liable­

(a) where the offence is committed, to the punishment provided for the commission of that offence under
this Act or any other such relevant law:

Provided that where the offence is committed for the purpose of enabling the smuggling of a migrant,
notwithstanding any penalty provided format offence in any other such law, the offender is liable on
conviction to imprisonment for a term often years and a fine of One Million Naira or both:

Provided also that if the penalties provided for such offences under that relevant law is higher than the
penalties provided for under this Act, those penalties shall apply; and

(b) where the offence is not committed, to a penalty which is half of the punishment provided for the
offence under paragraph (a) of this section.

72. Attempt to commit an offence

(1) Any person who attempts to commit any offence under this Act or any other relevant law is liable on
conviction to a penalty which is not less than half of the penalty provided for the offence under this Act or any other
relevant law.

(2) Where a person is charged with any of the offences under this Act or any other law and the evidence
establishes an attempt to commit that offence, he may be convicted of having attempted to commit the offence and
is liable on conviction to the penalty provided for in subsection (1) of this Section.

(3) Where a person is charged with an attempt to commit an offence under this Act or any other relevant law,
but the evidence establishes the commission of the full offence, the offender shall not be entitled to acquittal, but
shall be convicted for the commission of the offence and is liable to the penalty provided for the offence under this
Act.

73. Escape or aiding and abetting escape

(1) Any person who­

(a) being in lawful custody, escapes; or

(b) aids, facilitates or abets the escape of a person in lawful custody of the Service or suspected to have
committed an offence under any of the provisions of this Act or any other relevant law,

commits an offence and is liable on conviction to imprisonment for a term of fourteen years, or a fine of not less than
Two Million Naira or both.

(2) Where the offender under subsection (1) of this Section, commits the offence in circumstances which
endanger the life or safety of any law enforcement officer, other public official or witness, or which entails the
subjection of such officer or official or witness to torture, cruel, inhuman or degrading treatment, or exploitation, or
is committed as a member of a criminal group, the offender is liable on conviction to imprisonment for a term of
fifteen years or to a fine of not less than three million Naira or both and is also liable to pay compensation to such
officer, official or witness as may be determined by the Court, and in addition, all his assets traceable to have been
derived from the commission of an offence under this Act is subject to forfeiture and shall be paid into the Objects of
Smuggling of Migrants Trust Fund established under Section 97 of this Act.

74. Tampering with evidence and witness, and obstruction of justice

 (1) Any person who uses physical force, threat or intimidation, blackmail or similar acts, or the promise or
offering or giving of any material or other benefit, or of an undue advantage to induce false testimony or to interfere
in the giving of testimony or the production of evidence by a witness in a proceeding in relation to the commission of
offences created by this Act or any other relevant law, commits an offence and is liable on conviction to
imprisonment for a term of fourteen years or to a fine of not less than Two Million Naira or both.

(2) Any person who tampers with evidence or exhibit by falsification, conversion, destruction or forgery
commits an offence and is liable on conviction to imprisonment for a term of fourteen years or to a fine of not less
than Two Million Naira or both.

(3) Any person who uses physical force, threat or intimidation, blackmail or similar acts, or the promise or
offering or giving of any material or other benefit, or of undue advantage, to interfere with the exercise of official
duties by a judicial officer, law enforcement or other public official commits an offence and is liable on conviction to
imprisonment for a term of fifteen years or to a fine of not less than Three Million Naira or both.

(4) Any person who in any other way not provided for under subsections (1) and (2) of this Section obstructs,
prevents, perverts, or defeats the course of justice commits an offence, and is liable on conviction to imprisonment
for a term of fourteen years or a fine of not less than Two Million Naira or both.

(5) Where the offender under subsections (1), (2), (3) a n d (4) of this Section commits the offence in
circumstances which endanger the life or safety of any judicial officer, law enforcement or other public official, or
witness, or which entails the subjection of such judicial officer, law enforcement or other public official or witness to
torture, cruel, inhuman or degrading treatment, or exploitation, or is committed as a member of a criminal group, the
offender is liable on conviction to a term of imprisonment for sixteen years or to a fine of not less than Four Million
Naira or both, and is also liable to pay compensation to the person affected by his offence, and in addition, all his
assets traceable to have been derived from the commission of an offence under this Act shall be subject to
forfeiture and shall be paid into the Objects of Smuggling of Migrants Trust Fund established under section 97 of
this Act.

(6) In addition to any other penalty provided for any offence under this Section, all the assets of the offender
traceable to have been derived from the commission of an offence under this Act shall be subject to forfeiture and
shall be paid into the Objects of Smuggling of Migrants Trust Fund established under section 97 of this Act.

75. Consent of an object of an offence

(1) Without prejudice to the provisions of this Act, the consent of an object of any of the offences created
under this Act or any other relevant law to the intended procurement of illegal entry into or illegal stay in a country
of which he is not a national or permanent resident, or to any form of exploitation punishable under this Act or any
other relevant law, shall not be a defence for an offender to any offence under this Act or any other relevant law.

(2) Notwithstanding the provision of any other law to the contrary, the consent of an object of any of the
offences created under this Act or any other relevant law; to or his collaboration in any such offence, shall not
constitute the ground for instituting a criminal prosecution against him, nor shall it constitute a bar to the making of
restitution or the payment of compensation or costs to him, and neither shall it constitute a bar to his instituting a
civil proceeding for the purpose of his obtaining remedy for any injury, loss or damage which he may suffer as a
result of the commission of the offence by the smuggler.

PART XII

Restitution and Compensation

76. Restitution to smuggled persons

(1) Where any person is convicted of an offence under this Act or any other relevant law, the Court may, in
addition to any penalty or measure, and irrespective of the immigration status of the smuggled person, order the
offender to­

(a) return to the smuggled person any money or property obtained from him in the course of or for the
purpose of the commission of the offence;

(b) defray the medical or other expenses of the smuggled person incurred as a result of any injury, loss or
damage suffered by him in connection with or as a result of the commission of the offence, including loss
of wages where applicable.

(2) Where there are two or more offenders convicted of an offence and they are adjudged to make
restitution to the person who suffered injury, loss or damage, the Court shall apportion the amount of restitution
payable by each offender according to the degree of the benefit he derived, or as the Court may otherwise
determine.

(3) Notwithstanding any other provision of this Act or any other law, a smuggled person has the right to
institute civil action against a smuggler and any other person, including a public officer who may have exploited him
or abused his person, for restitution or recovery of any property or assets unlawfully taken from him in the course of
the commission of any of the offences created under this Act or under any other relevant law.

(4) Where restitution is ordered in addition to any other penalty and that other penalty is subject to appeal,
the restitution shall not be made before the period allowed for presenting the appeal has elapsed or, if an appeal is
presented, before the 'decision on the appeal.

(5) Where an order for restitution has been executed and the conviction is later set aside, the restitution
order shall stand notwithstanding:

Provided that such an unexecuted restitution order may be enforced even after the conviction has been set
aside where the circumstances are such that a civil court would have ordered restitution in similar circumstances
had the matter been tried before it in a civil suit.

77. Compensation to smuggled migrants

(1) Where any person is convicted of an offence under this Act or any other relevant law, the Court may, in
addition to any penalty or measure and irrespective of the immigration status of the smuggled person, order the
offender to compensate in whole or in part an object of any such offence for the economic, physical, psychological,
emotional, or other injury, loss or damage caused to or suffered by him in the course of or in consequence of the
commission of the offence where in the opinion of the court compensation is recoverable by civil suit.

(2) The award of such compensation shall be a bar to any further action for the same injury loss or damage:

Provided however that an action may lie with the consent of the Court consequent upon an application for the
purpose upon the ground that the award by the criminal court is so grossly inadequate as to amount to a
miscarriage of justice:

Provided also that in any such subsequent civil proceeding the court shall take into account any such sum
already awarded as compensation in awarding its own compensation:

And provided further that a refusal to accept a compensation the above shall be a bar to any further action for
the same injury, loss or damage.

(3) Where there are two or more offenders convicted of an offence and they are adjudged to make
compensation to the person who suffered injury, loss or damage, the Court shall apportion the amount of
compensation payable by each offender according to the degree of his guilt or the benefit derived by him, or as the
Court may otherwise determine.

(4) Where compensation is awarded in addition to any other punishment, and that other punishment is
subject to appeal, no such amount awarded in compensation shall be paid before the period allowed for presenting
the appeal has elapsed or, if an appeal is presented, before the decision on the appeal.

(5) Where an order for compensation has been executed and the conviction is later set aside, the
compensation order shall stand notwithstanding;

Provided that any such unexecuted compensation order may be enforced even after the conviction has been
set aside where the circumstances are such that a civil court would have ordered compensation in similar
circumstances had the matter been tried before it in a civil suit.

78. Enforcement of Restitution or Compensation Order

(1) When an offender has been ordered to make restitution or to pay compensation upon his conviction, the
court may, for the purpose of enforcing its payment, issue a warrant for the levy of the amount­

(a) by the seizure and sale of any movable property belonging to the offender;

(b) by the attachment of all or part of any debts or income due to the offender; or

(c) subject to the provisions of the Land Use Act, by the attachment and sale of any immovable property of
the offender situated within the jurisdiction of the Court.
[Cap. L5, LFN. 2004.]

(2) A warrant for seizure and sale of the immovable property of an offender shall be addressed to the Court
within the local limits of which jurisdiction it is to be executed.

(3) When execution of a warrant is to be enforced by attachment of debts, income or by sale of immovable
property, the warrant shall be sent for execution to any court competent to execute orders for the payment of
money in civil suits and such court shall follow the procedure for the time being in force for the execution of such
orders.
79. Appeal against order of Restitution or Compensation

An appeal shall lie against any order awarding restitution or compensation under the preceding Sections in
this Part as if it were a conviction and a sentence thereupon.

80. State compensation to object or smuggling of migrants offences

Where a court which tries a smuggling of migrant offender under the provisions of this Act or any other
relevant law considers the award of compensation to be appropriate in the case, and no resources or insufficient
resources are available or ascertainable from the offender from which the compensation can be paid, the Court shall
order the payment of the compensation from the Objects of Smuggling of Migrants Trust Fund to the smuggled
person.

PART XIII

Seizure, Attachment and Forfeiture of Assets

81. Forfeiture of Passport

The passport of any Nigerian convicted of an offence of smuggling of migrants under this Act shall be forfeited
to the Federal Government and it shall not be returned to that person unless the Minister directs otherwise or after
the grant of a pardon or on the exercise of the Prerogative of Mercy under the Constitution of the Federal Republic
of Nigeria.

82. Forfeiture of Assets after Conviction

(1) A person convicted of an offence under the Act shall forfeit to the Federal Government­

(a) all the assets and properties which are the subject of an Interim Attachment Order of the Court after an
attachment by the Service as specified by the provisions of this Act;

(b) any assets or properties derived from any proceeds obtained directly or indirectly not already disclosed
in the Assets Declaration Form specified in Form A of the Schedule to this Act, or not subject of an
Interim Attachment Order; and
[Schedule.]

(c) any property or instrumentalities used in any manner to commit or to facilitate the commission of such
offence not already disclosed in the Assets Declaration Form or not subject of an Interim Attachment
Order,

and the amount of these assets and properties shall be vested in the Federal Government and their proceeds shall
be paid into the Consolidated Revenue Fund of the Federation from which they shall immediately be paid into the
Objects of Smuggling of Migrants Trust Fund.

(2) The Court in imposing a sentence on any person under this Act shall, in addition to any other sentence
imposed pursuant to this Act or any other relevant law, order that the person forfeits to the Federal Government all
properties described in subsection (1) of this Section and the proceeds accruing from such properties shall be paid
into the Consolidated Revenue Fund of the Federation from which they shall immediately be paid into the Objects of
Smuggling of Migrants Trust Fund.

(3) In this section, the term "proceeds" means any property derived or obtained, directly or indirectly through
the commission of an offence under this Act or any other relevant law, or any income accruing from such property.

83. Seizure of property of arrested persons

On the arrest of a person suspected to have committed an offence under this Act or any other relevant law,
the Court may, in addition to any money taken out of his possession, order the seizure and sale of any property
found on him or in any place known to belong to him or to be in his possession or under his control, or any property
known to belong to him (whether movable or immovable), or any property suspected to be the proceeds of or
obtained through the commission of any such offence, and at the conclusion of the trial, the Court may use such
property or its proceeds, as appropriate, to satisfy the smuggled person, either in restitution of any money or
property taken from him in the course of or as a result of the commission of such offence, or as compensation for
any injury, loss or damage suffered by such smuggled person.
84. Property within Nigeria subject to forfeiture

(1) Any property­

(a) in Nigeria whether real or personal, which represents the gross receipts which a person obtains directly
or indirectly as a result of the commission of an offence created under this Act or any other relevant law,
or which is traceable to such gross receipts; and

(b) within Nigeria, which represents the proceeds of an offence under the laws of a foreign country within
whose jurisdiction such offence or activity would be punishable by imprisonment for a term of
imprisonment of not less than a year and which would be punishable by imprisonment under this Act or
any other relevant law if such act or activity had occurred within Nigeria,

is subject to forfeiture to the Federal Government and the proceeds accruing therefrom shall be paid into the
Consolidated Revenue Fund of the Federation from which they shall immediately be paid into the Objects of
Smuggling of Migrants Trust Fund.

(2) Without prejudice to the provisions of any other law permitting the forfeiture of property, the following
shall also be subject to forfeiture under this Act and no proprietary right shall exist in them immediately upon such
forfeiture­

(a) all means of conveyance, including vehicles or vessels or aircrafts or other means of transportation
which are used or are intended for use to transport or in any manner facilitate the smuggling of any
migrant, except that no means of conveyance­

(i) used by any person in the transaction of business as a common carrier shall be forfeited under
this section unless it appears that the owner or other person in charge of such means of
conveyance was a consenting party or privy to the commission of an offence created under this
Act or any other relevant law,

(ii) shall be forfeited under this section by reason of any act established by the owner thereof to
have been committed by any person other than such owner while such means of conveyance was
unlawfully in the possession of a person other than the owner in violation of the criminal laws of
Nigeria or any part thereof, and

(iii) shall be forfeited under this section to the extent of an interest of an owner by reason of any act
established by that owner to have been committed without the knowledge, consent or wilful
connivance of that owner.

(b) all monies, negotiable instruments, securities or other things of value furnished or intended to be
furnished by any person in exchange for the commission of an offence created under this Act or any
other relevant law, or all proceeds traceable to such an exchange, and all monies, negotiable
instruments and securities, used or intended to be used to facilitate the commission of any such
offence; and

(c) all real property, including any right, title and interest, including any leasehold interest, in the whole or
any piece or parcel of land and any improvement or appurtenance which is used or intended to be used
in any manner or part to commit or facilitate the commission of an offence under this Act or any other
relevant law.

85. Forfeiture of Foreign Assets

Where it is established that any convicted person has assets or properties in a foreign country, acquired as a
result of any of the offences under this Act or any other relevant law, or such assets or properties, subject to any
treaty or arrangement with such foreign country, shall be forfeited to the­

(a) Federal Government and the proceeds accruing therefrom shall be paid into the Consolidated Revenue
Fund of the Federation from which they shall immediately be paid into the objects of Smuggling of
Migrants Trust Fund; or

(b) the Service shall, through the Office of the Minister, ensure that the proceeds accruing from such
forfeited assets or properties are effectively transferred and vested in the Objects of Smuggling of
Migrants Trust Fund from the Consolidated Revenue Fund of the Federation into which they were initially
paid.

86. Seizure of property subject to forfeiture

(1) Seizure of any property subject to forfeiture under this Act may be effected by the Service where the­

(a) seizure is incidental to an arrest or search as provided for under section 83 of this Act; or

(b) property is liable to forfeiture upon process issued by the Court following an application made by the
Service in accordance with the prescribed rules.

(2) Whenever property is seized under any of the provisions of this Act, the Service may­
 (a) place the property under seal; or

(b) remove the property to a place designated by the Service.

(3) Property taken or detained under this section shall be deemed to be in the custody of the Service subject
only to the order of the Court.

87. Investigation of Assets and Property of an arrested person

Where a person is arrested for an offence under this Act or any other relevant law, the Service shall
immediately trace and attach all the assets and properties of the person acquired as a result of the offence.

88. Disclosure of assets and property by an arrested Person

(1) Where a person is arrested for committing an offence under this Act or any other relevant law, it shall be
obligatory for the person to make full disclosure of all his assets and properties by completing the Declaration of
Assets Form A specified in the Schedule to this Act.

(2) The disclosures made in the Declaration of Assets Form shall be investigated by the Service.

(3) Any person who­

(a) knowingly fails to make full disclosure of his assets and liabilities,

(b) knowingly makes a declaration that is false, or

(c) fails, neglects or refuses to make a declaration or furnish any information required, in the Declaration of
Assets Form,

commits an offence and is liable on conviction to imprisonment for a term of five years or a fine of One Million Naira
or both, and such assets not disclosed in the Assets Declaration Form shall be forfeited to the Federal Government
and the proceeds accruing there from shall be paid into the Consolidated Revenue Fund of the of the Federation
from which they shall immediately be paid into the Objects of Smuggling of Migrants Trust Fund.

(4) Whenever the assets and properties of any person arrested under this Act or any other relevant law are
to be attached, the Service shall apply to the Court for an Interim Attachment Order under the provisions of this Act.

89. Interim attachment order after seizure of property

Where any asset or property has been seized by the Service under this Act, the Service shall immediately
cause an application to be made to the Court for an Interim Attachment Order and the Court shall if satisfied that
there is prima facie evidence that the property concerned is liable to forfeiture make an Interim Attachment Order.

90. Final Order of Forfeiture

Where an arrested person is convicted of an offence under this Act or any other relevant law, the Service shall
apply to the Court for a Final Order of Forfeiture of the convicted person's assets and properties which are­

(a) already subject to an Interim Attachment Order;

(b) derived from any proceeds the person obtained, directly or indirectly, as a result of such offence not
already disclosed in the Assets Declaration Form and not subject to Interim Order; and

(c) any property or instrumentalities used in any manner to commit or facilitate the commission of such
offence not already disclosed in the Assets Declaration Form.

91. Disposal of forfeited properties

(1) A copy of every Final Order forfeiting the assets and properties of a person convicted under this Act or any
other relevant law shall be forwarded to the Service.

(2) Upon receipt of a final order pursuant to this section, the Comptroller General of Immigration shall take
steps to gazette i n a Federal Government Gazette all such properties concerned before carrying out sales by a
Federal Government licensed auctioneer.

(3) Where any part of the property included in a final order is money in a bank or any financial institution or in
the possession of any person, the Service shall cause a copy of the order to be produced and served on the
manager or any person in control of the head office or branch of the bank concerned and that manager or person
shall forthwith pay over the money to the Service and the Service shall pay the money received into the
Consolidated Revenue Fund of the Federation, from which it shall be paid immediately into the Objects of Smuggling
of Migrants Trust Fund.

92. Offences in relation to Forfeiture Orders

(1) Any person who, without due authorisation by the Service, deals with, sells or otherwise disposes of any
property or asset which is the subject of attachment, seizure, Interim Attachment Order or Final Forfeiture Order,
commits an offence and is liable on conviction to imprisonment for a term of fourteen years without an option of a
fine and the return of a sum which is twice the amount of the value of such property or asset.

(2) Any bank or other financial institution or the manager or person in control of the head office or branch
which fails to pay over any money which is the subject of a Final Forfeiture Order to the Service upon the production
of that Order to him or the bank or financial institution or its branch, commits an offence and is liable on conviction
to imprisonment for & term of ten years or a fine of Two Million Naira or both, and the return of a sum which is twice
the amount of the money so withheld from payment to the Service, and the Service shall immediately file a report on
the matter with the Central Bank of Nigeria:

Provided that the bank or financial institution shall also be subject to the penalty provided for offences by
bodies corporate under Section 105 (2) of this Act.

93. Consequences of an acquittal in respect of Confiscated Assets and Properties

(1) Where a person is discharged or acquitted by a court of an offence tinder this Act, the court may make an
order of revocation or confirmation as the case may be, of an Interim Attachment Order made pursuant to this Act
whichever order is considered just, appropriate or reasonable in the circumstances.

(2) The property may be attached where a discharge is merely given on technical grounds.

(3) Where an Interim Order is revoked by a court under subsection (1) of this Section, all assets and
properties of the person concerned shall be released and immediately returned to him by the Service.

94. Freezing order on banks or other financial institutions

(1) Notwithstanding anything contained in any other enactment, where any person is arrested or is under
investigation for an offence under this Act or any other relevant law, the Comptroller­General of Immigration may, if
satisfied that the money in the account of an arrested person is made through the commission of an offence under
this Act or any other relevant law, apply to the Court ex parte for an order authorising the Service to issue or
instruct a bank examiner or such other appropriate regulatory authority to issue an order as specified in Form B of
the Schedule to this Act, addressed to the manager of the bank or any person in control of the financial institution
where the account is or believed by him to be or the head office of the bank or other financial institution, to freeze
the account:
[Schedule.]

Provided the freezing order shall not be in place for a period longer than is necessary or expedient for the
determination of the case.

(2) The Comptroller­General of Immigration or bank examiner may by an order issued under subsection (1) of
this Section, or by any subsequent order, direct the bank or other financial institution to supply any information and
produce books and documents relating to the account and to stop all outward payments, operations or
transactions, including any bill of exchange, in respect of the account of the arrested person or a person under
investigation.

(3) The manager or any other person in control of the bank or a financial institution shall take necessary
steps to comply with the requirements of the order made pursuant to subsections (1) and (2) of this Section.

(4) In this section­

(a) Bank has the meaning given to it in the Banks and Other Financial Institutions Act, CAP B3, Laws of the
Federation of Nigeria, 2004, as amended; and

(b) the reference to an order issued includes a reference to any order, direction or requirement addressed
to the manager of a bank or any other officer of a bank which directs or purports to direct the manager
or such officer to stop all outward payment, operations transactions in respect of any account with that
bank.

PART XIV

Migrant Remedy without Criminal Conviction

95. Migrant's Civil Remedy

(1) A person who is an object of any offence of smuggling of migrants as prescribed under this Act or any
other relevant law shall have the right to institute civil proceedings against any person who subjected him to the
act or conduct constituting the offence, and the Court shall have jurisdiction to entertain the action, and to order
the provision of appropriate material or non­material remedy, including the making of restitution or payment of
appropriate compensation, or both, to such object of the offence for the economic, physical, psychological,
emotional, or other injury, loss or damage, including any violence, torture, cruel, inhuman or degrading treatment or
punishment, or threat to his life or safety or that of any member of his family suffered by him as a result of his being
subjected to any such act or conduct.

(2) The right to institute such a civil action shall not be affected by or be dependent upon the existence or
outcome of criminal proceeding in connection with the same act or conduct from which the civil action derives.

(3) The immigration status or return to his home country or some other form of his absence from jurisdiction
of the object of an offence created under this Act or any other relevant law shall not affect the jurisdiction of the
Court to hear the case and determine the matter.

PART XV

Jurisdiction

96. Jurisdiction to try Immigration and Smuggling of migrants matters

(1) The Federal High Court shall have jurisdiction to hear and determine proceedings in all matters relating to
immigration and smuggling of migrants under this Act, however arising, including offences relating to Nigerian
passports, visas, permits or other travel, work or residence documents, and in the case of offences, whether or not
an offence was commenced in Nigeria and completed outside Nigeria, or whether or not an offence was commenced
outside Nigeria and completed in Nigeria and the object of the offence is­

(a) a citizen or resident of Nigeria; or

(b) a foreigner who­

(i) is in transit;

(ii) has a link with Nigeria; or

(iii) is dealing with or on behalf of the Governments of Nigeria,

and the alleged offender is in Nigeria.

(2) For the purpose of subsection (1) of this Section, there shall be established a Division of the Federal High
Court which shall be responsible for trying all matters relating to. immigration and smuggling of migrants.

PART XVI

Objects of Smuggling of Migrants Trust Fund

97. Establishment and Management of Objects of Smuggled Migrants Trust Fund

(1) There is established the Objects of Smuggling of Migrants Trust Fund, into which all proceeds of the sale
of assets and properties of smugglers shall be paid.

(2) The Fund shall be managed by a Management Board comprising­

(a) the Comptroller General of Immigration, as Chairman;

(b) representative of the Federal Ministry of Interior;

(c) representative of the Federal Ministry of Health;

(d) representative of the Federal Ministry of Finance;

(e) representative of the Federal Ministry of Women Affairs and Social Development;

(f) representative of the Office of the Accountant­General of the Federation;

(g) representative of the Office of the Auditor­General of the Federation;

 (h) representative of the Central Bank of Nigeria;

(i) representative of National Agency for the Prohibition of Trafficking in Persons (NAPTIP);

(j) Deputy Comptroller­General (Migration); and

(k) Comptroller in charge of the section on Administration, as Secretary.

(3) The Minister shall make regulations and issue guidelines for the management of the Fund established
under subsection (1) of this Section, or any other fund assigned to the Board for its management under this Act,
and other related matters.

PART XVII

Treatment of Smuggled Migrants

98. Treatment of smuggled migrants

The Service shall ensure that­

(a) a smuggled migrant is not subjected to discriminatory treatment on account of race, colour, gender,
age, language, religion, political or other opinion, cultural beliefs or practices, national, ethnic or social
origin, property, birth or other status, including his status as a smuggled migrant;

(b) a smuggled migrant has access to adequate health and other social services during the period of his
temporary residence in Nigeria;

(c) a smuggled migrant has access to the embassy or consulate of the country of which he is a citizen or
where there is no embassy or consulate, to the diplomatic representative of the State that takes charge
of the country's interest or nationals, to protect him;

(d) a smuggled migrant is able to return home safely, if he wishes and when he is able to do so;

(e) a smuggled migrant is not denied temporary residence visas during the pendency of any criminal, civil or
other legal actions;

(f) investigation, detection, gathering and interpretation of evidence are conducted in such a manner as to
minimise intrusion into the personal history of a smuggled migrant;

(g) the identity of a person smuggled is protected;

(h) the use of any person's history of being smuggled to discriminate or cause harm to such person, his
family or his friends in any way whatsoever, particularly with regard to freedom of movement, marriage
or search for gainful employment, is prohibited;

(i) steps are taken to maintain and rehabilitate facilities provided for smuggled migrants; and

(j) a smuggled migrant and his family are protected from intimidation, threats, and reprisals from smugglers
and their associates, including reprisals from persons in position of authority.

99. Non­detention or Prosecution of smuggled person

No smuggled migrant shall be detained or prosecuted for any of the offences created under this Act or any
other relevant law simply by reason of his being an object of any of the offences created under this Act or any other
relevant law.

100. Establishment of Transit Shelters

(1) There shall be established for the Division, transit shelters which shall be managed and supervised as
facilities for caring for rescued smuggled migrants.

(2) The transit shelters shall be run by appropriate staff of the Division with the aim of providing protection,
assistance, counselling, rehabilitation and training for the rescued smuggled persons to facilitate their rehabilitation
and reintegration into the society.

PART XVIII

Protection of Information, Informants and Witnesses

101. Protection of Information. Informants and Witnesses

(1) Where a person volunteers to the Service or an official of the Service any information which may be useful
in the investigation or prosecution of an offence under this Act or any other relevant law, the Service shall take all
reasonable measures to protect the identity of that person and the information so volunteered shall be treated as
confidential.

(2) In any criminal trial undertaken for the prosecution of any offence created under this Act or any other
relevant law, any witness for the prosecution, and wherever necessary, members of his family shall be put under an
appropriate witness protection programme which may be necessary for the protection of his life and safety, and the
protection of life and safety of members of his family.

PART XIX

Miscellaneous and Supplemental Provisions

102. Public Private Partnership and sharing formula

(1) The Service shall collaborate with Public and Private sector interest groups on a Public­Private Partnership
Platform to attract funds for acquisition, provision and development of infrastructure and equipment to enable the
Service provide appropriate professional skills and modern migration management facilities.

(2) All revenue accruing from the Public­Private Partnership Platform shall be shared in the following manner:
40% to the Federal Government, 30% to the Service Provider or Providers and 30% to the Nigeria Immigration
Service:

Provided that the revenue accruing to the Service under this subsection as well as that accruing from all fines
collected by virtue of the provisions of this Act, shall be managed by the Management Board established under
Section 97 (2) of this Act.

(3) There shall be defrayed out of the funds provided by the National Assembly, any expenses incurred for
the purpose of this Act by the Minister and the Comptroller­General of Immigration.

103. Refugees

The Comptroller­General of Immigration upon the recommendation of the National Commission for Refugees
shall issue any relevant immigration document in respect of a refugee in Nigeria.

104. Burden of proof

In any proceeding under this Act or Regulations made under this Act, or on examination by an immigration
officer, if the question arises­

(a) whether any person is in possession of a passport, visa or permit,

(b) whether any person is a citizen of Nigeria, or

(c) whether any person is a citizen of any other country, the burden of proof that the person is in
possession of a passport, visa or permit, or that he is a citizen of Nigeria, or that he is a citizen of that
other country, lies on that person.

105. Offences by a Body Corporate

(1) Where an offence under this Act or any other relevant law committed by a body corporate is proved to
have been committed on the instigation or with the connivance of or is attributable to any neglect on the part of a
director, manager, secretary of the body corporate, or any person purporting to act in any such capacity, the officer
or person is liable on conviction to imprisonment for a term of three years or to a fine of Two Million Naira or both:

Provided that where the offence committed is an offence relating to smuggling of migrants, the director,
manager, secretary or such other person purporting to act in any such capacity, the officer or person is liable to the
penalty prescribed for individuals under the various provisions for such offences under this Act.

(2) Where a body corporate is convicted of an offence under this Act, it is liable to a fine of Five Million Naira
and the Court may issue an order to wind up the body:

Provided that where a body corporate is convicted of an offence relating to smuggling of migrants, it is liable
to a fine of Ten Million Naira, and the Court may issue an order to wind­up the body corporate, and its assets and
property transferred to the Objects of Smuggling of Migrants Trust Fund.

(3) Nothing contained in subsections (1) a n d (2) of this Section shall render any person liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.

(4) Anybody corporate that refuses to­

(a) renew its expatriate quota within the stipulated time; or

(b) render its expatriate monthly returns, commits an offence and is liable on conviction to a fine of three
million Naira.

106. Criminal responsibility of Ships and Airlines Operators, other Commercial Carriers, Tour Operators and
Operators of Travel Agencies

(1) Every airline operator, sea or other water vessel operator, or land transportation, or commercial carrier,
tour operator, or operator of a travel agency is under obligation not to aid and abet, facilitate and promote­

(a) any immigration offence;

(b) smuggling of persons; or

(c) any exploitation in tourism.

(2) Every airline operator, sea or other water vessel operator, commercial carrier including motor vehicle
operator, tour operator or operator of a travel agency shall notify its clients of its obligation under subsection (1) of
this Section.

(3) Every airline operator, sea or other water vessel operator, commercial carrier, tour operator or travel
agency is required to­

(a) insert in contracts with corresponding suppliers in destination countries, clauses requiring the suppliers
to comply with the obligations stated in subsections (1) and (2) of this Section;

(b) refrain from utilising messages on printed materials, video or the Internet that could suggest or allude
to behaviour incompatible with the objectives of this Act;

(c) inform their staff of their obligations under this Act; and

(d) include clauses regarding their obligations under this Act in their conditions of service.

(4) Every airline operator, sea or other water vessel operator, commercial carrier, tour operator or travel
agency who violates the provisions of subsections (1) and (2) of this Section, commits an offence, and in addition to
any other penalty provided in any other law or enactment, is liable on conviction to a fine of two million Naira:

Provided that where the offence committed is an offence relating to smuggling of migrants, the commercial
carrier, tour operator or travel agency shall be liable to a fine not exceeding ten million Naira, and the Court may
issue an order to wind­up the business of the carrier, tour operator or travel agency and its assets and properties
transferred to the Objects of Smuggling of Migrants Trust Fund.

107. Evidence as to Orders

A document purporting to be an order, notice or directives made or given by the Minister for the purposes of
this Act, and to be signed by him or on his behalf, shall be received in evidence, and shall until the contrary is
proved, be deemed to be made or issued by him; and prima facie evidence of any such order, notice or directive may
in any legal proceedings, be given by production of a document bearing a certificate purporting to be signed by or
on behalf of the Minister and stating that the document is a true copy of the order, notice or directive.

108. Application of certain Enactment

The President may, by order published in the Gazette, extend the provisions of­

(a) the Mutual Assistance in Criminal Matters within the Commonwealth (Enactment and Enforcement) Act,
Cap. M­24, Laws of the Federation of Nigeria, 2004; and

(b) the Transfer of Convicted Offenders (Enactment and Enforcement) Act, Cap. T­16, Laws of the
Federation of Nigeria, 2004, to apply to any country outside the Commonwealth and accordingly the
provisions of the Acts mentioned in paragraphs (a) a n d (b) of this Section shall have effect in their
application to this Act or any relevant law.
109. Restriction on legal proceedings against the Service

(1) No civil action shall be commenced against the Service, or its authorised officers before the expiration of a
period of 30 days after a written notice of intention to commence the suit shall have been served on the Service by
the intending plaintiff or his agent, and the notice shall clearly state the­

(a) cause of action;

(b) particulars of the claim;

(c) name of the plaintiff;

(d) name and office address of the intending plaintiff's counsel; and

(e) relief which he claims.

(2) The notice referred to in subsection (1) of this Section and any summons, or other documents required or
authorised to be served on the Service under this Act or any other enactment or law, may be served by­

(a) delivering it to the Headquarters of the Service; or

(b) sending it by registered post addressed to the Service Headquarters.

110. Restriction on execution against property of the Service

In any action or suit against the Service no execution shall be levied. or attachment process issued against
the Service unless not less than three months' notice of the intention to execute or attach has been given to the
Service.

111. Indemnity of officers of the Service

The Comptroller­General of Immigration, or any other officer or employee of the Service shall be indemnified
out of the assets of the Service against any proceedings brought against him in his capacity as the Comptroller
General of Immigration, an officer or employee of the Service where the act complained of was performed in the
course of his official duties and is not unlawful or ultra vires of his powers.

112. Regulations

(1) The Minister may make regulations as in his opinion are necessary or expedient for giving full effect to the
provisions of this Act and for the due administration thereof.

(2) Without limiting the generality of the provisions of subsection (1) of this Section, regulations may be made
for all or any of the following purposes­

(a) for the control of immigrants resident in Nigeria;

(b) for the patrol of Air, Sea, and Land Borders;

(c) for the administration, control and issuance of passports, visas and other travel documents; and

(d) for any other matter covered by the provisions of this Act.

113. Power to Institute proceedings

Where by this Act, any power to institute proceedings or to recover funds is vested in the Minister, that power
may be exercised in his name by any authorised immigration officer.

114. Repeal

The Immigration Act, Cap. 1­1, Laws of the Federation of Nigeria, 2004, and the Passport (Miscellaneous
Provisions) Act, Cap. P1, Laws of the Federation of Nigeria, 2004, are hereby repealed.

115. Savings provision

(1) It is declared that, without limiting the provisions of the Interpretation Act, the repeal by this Act shall not
affect any document made or anything done under the enactment so repealed.
 (2) Every order, requirement, certificate, notice, authorisation, consent, application, request, or things made,
issued, given or done under the repealed Act, shall if in force at the commencement of this Act, and so far as it could
have been made, issued, given or done under this Act continue in force and have effect as if made, issued, given or
done under the corresponding provision of this Act.

116. Interpretation

In this Act­

"alter" with its grammatical variations and cognate expression, when used with reference to a passport or
any other travel document, identity document, work or residence permit shall include effecting a change or
changes in a passport or any other such document, or permit, or the production or reproduction, or assistance in
the production or reproduction of any part or portion of a passport or any other such document;

"Area Office" means an administrative unit under the State Command comprising at least three Local
Government Areas;

"assets" means items of ownership convertible into cash; total resources of a person or business, as cash,
notes and accounts receivable, securities, inventories, goodwill, fixtures, machineries or real estate;

"attachment" includes forfeiture or the permanent deprivation of asset or property by order of a court;

"Board" means Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB);

"citizen of Nigeria" has the meaning assigned thereto by Sections 23 to 25 of the Amended Constitution of
the Federal Republic of Nigeria, 2011, signed into Law by the President of the Federal Republic of Nigeria on the
10th day of January, 2011, unless the context otherwise permits;

"Command" means an administrative unit comprising among others, Area Offices, Out­post and Local
Government Immigration Offices under a Comptroller of Immigration Service;

"commercial carrier" means any person or any public, private or other entity engaged in transporting
persons, goods or mails, by air, land or water, including the sea, for remuneration, hire or any other commercial
benefit;

"Court" means the Federal High Court;

"criminal group" means a group which has been in existence for a period of not less than six months
preceding the commission of the offence under this Act or any other relevant law, and which consists of three or
more persons, the members of which have been acting in concert in the commission of crimes amounting to
felony since its coming into existence, in order to obtain, directly or indirectly, financial or other material benefit:
and the group need not have formally defined roles for its members, continuity of or permanence in its
membership, or a developed structure;

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

"Directorate" means an administrative unit at the Service Headquarters headed by a Deputy Comptroller­
General of Immigration;

"Division" means an administrative unit under the Directorate at the Service Headquarters headed by an
Assistant Comptroller­General of Immigration;

"enter" with its grammatical variations and cognate expression shall include land;

"Federal Government" means Federal Government of Nigeria;

"financial or other material benefit" includes any type of financial or non­financial inducement, payment,
bribe, reward, advantage or service, including sexual or other services;

"fraudulent document" means a document which is forged, improperly issued or obtained through
misrepresentation, corruption or duress or any other unlawful manner, produced or reproduced without lawful
authority or used by a person other than the lawful holder;

"freezing" means temporarily prohibiting the transfer, conversion, disposal or movement of money or assets
or temporarily assuming custody or control of money or assets;

"immigrant" means any person who is not a Nigerian citizen, or persons accorded immunity by reasons of
diplomatic status, who enters or seeks to enter Nigeria;

"immigration officer" means any fit person employed in accordance with section 3 of the Act;

"import" with its grammatical variation and cognate expressions means to bring or cause to be brought into
Nigeria;

"land" means disembark from a ship or aircraft and "disembark" shall be construed accordingly;
 "leave" with grammatical variations and cognate expression include embark;

"Minister" means the Minister charged with responsibility for Immigration;

"minor" means any young person under the age of 18 years;

"object of an offence of smuggling of migrants" means a smuggled person, whether or not he has suffered
any economic, physical, psychological, emotional, social, or other injury, loss or damage, including any violence,
torture, cruel, inhuman or degrading treatment or punishment, or threat to his life, health or safety, or he has
been subjected to exploitation by a smuggler, in relation to any of the offences of smuggling of migrants created
under this Act or other relevant law;

"passport" means with reference to the 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 government establishing the nationality and identity of the person to whom it refers to the satisfaction of an
immigration officer;

"permit" includes pass;

"person" means an individual or corporate entity under this Act;

"prescribed" means prescribed by this Act or by Regulations or any Order under this Act;

"President" means the President and Commander­in­Chief of the Armed Forces of the Federal Republic of
Nigeria;

"procure" includes recruit, incite, promise, or induce;

"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 landing from or embarking in an aircraft any
recognised 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;

"residence permit" means a document that allows a non­Nigerian to reside in Nigeria and carry out an
approved activity as specified in the document, or to a company,' resident or citizen of Nigeria as a dependant;

"receiving country" means the country into which a migrant is smuggled or the country in which he is
enabled to stay illegally;

"section" is an administrative unit under a Division at the Headquarters and State Command;

"Service" means the Nigeria Immigration Service established by this Act;

"smuggling of migrants" means the procurement, in order to obtain directly or indirectly a financial or material
benefit, of the illegal entry of a person into a country of which the person is not a national or a permanent
resident, or to facilitate the illegal stay of such a person in a country;

"smuggled person" means any person who is an object of any of the offences of smuggling of migrants
created under this Act or any other relevant­law, regardless of whether that person consented to, or
collaborated or participated in the process of the smuggling or not, and regardless of whether the perpetrator is
identified, apprehended, prosecuted or convicted or not;

"smuggler" means a smuggling of migrants offender;

"superior Immigration Officer" for the purpose of exercising authority in respect of this Act, means an officer
not below the rank of Assistant Superintendent of Immigration II;

"trafficking" means all acts and attempted acts involved in the recruitment, transportation within or across
Nigerian borders, purchase, sale, transfer, receipt, or harbouring of a person involving the use of deception,
coercion or debt bondage for the purpose of placing or holding the person, whether for or not in involuntary
servitude (domestic, sexual or reproductive), in forced or bonded labour, or in slavery­like conditions;

"transit shelter" means shelter established by the Service for the purpose of receiving, caring for,
rehabilitating and re­integrating into society, objects of smuggling of migrants offences;

"travel document" 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 include any visa,
employment papers and international certificates of health valid for entry into or travel through any other country
as the case may require;

"Trust Fund" means the Objects of Smuggling of Migrants Trust Fund established under section 97 of this Act;

"visa" means an impress, vignette or endorsement 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;
 "work permit" means a document that allows a non­Nigerian expert to reside and work in Nigeria for a
specified period of time;

"zone" means an administrative unit comprising of some State Commands headed by an Assistant
Comptroller­General of Immigration Service.

117. Citation

This Act may be cited as the Immigration Act, 2015.

Schedule
CONFIDENTIAL

FORM A
OFFENDERS DECLARATION OF ASSETS FORM
[Sections 82 (1) (b) and (c), 88 (1), (2) and (3), and 90 (b) and (c).]

IMMIGRATION ACT, 2015

To be completed in Triplicate and in BLOCK LETTERS or typed.
All available information should be included.
Important: It is an offence punishable by up to a maximum of five years imprisonment under the Act to­
(A) (i) knowingly fail to make full disclosure of your assets and liabilities;
(ii) knowingly make a declaration that is false;
(iii) fail to answer any question contained in this Form;
(iv) fail, neglect or refuse to make a declaration or furnish any information required.
(B) (i) each item is to be completed. If it does not apply, the person affected must write "nil" or "none" in the space. Where
necessary an extra sheet or sheets may be used and attached to this form by the person affected.
(ii) the form should be addressed to the Comptroller­General of the Nigeria Immigration Service
I,
being accused of an offence of
under the Immigration Act, 2015,
or declare as follows:

If Dead,
Other Date of state the Place State of Local Present Home
Surname Nationality Occupation
Names Birth date of of Birth Origin Government Address Address
Death

(b) At (b) At
(a) Now birth if (a) Now birth if
different different

1. Declarant

If married. state date

2. Spouse
and place

3. Father

4. Mother

5. Brothers (i) (ii) (iii)

6. Sisters (i) (ii) (iii)

7. Children (i) (ii) (iii)

8. Dependant, Relative, Uncle, Aunt, Next­of­kin Uncle, Aunt,

Next­of­kin

9. Associate Persons Names in full Address Occupation Nationality

(a) State Alien Registration

10. Aliens Naturalised
(b) if
Certificate No.

Primary School Post

Primary school or
Secondary
11. Schools attended with dates.
University, etc.
 Qualification
attended

12. Amount held in own account N : K

(i) Cash in hand
(ii) Cash at bank
(iii) Outside Nigeria (Countries/Bank to be named­
(Denomination in foreign currency)
13. Amount held on behalf of or as trustee for any person other than your wife/husband N : K

(i) Cash in hand

(ii) Cash at bank
(iii) Outside Nigeria (Countries/Bank to be named
(Denomination in foreign currency)
14. Loans or advances made
15. Loans or advances received
16. Amount held on behalf of or as trustee of wife/husband N : K
(i) Cash in hand
(ii) Cash at bank
(iii) Outside Nigeria (Countries/Bank to be named
(Denomination in foreign currency)
17. Wife's/husband's/children's account held (beneficial or otherwise) N : K
(i) Cash in hand
(ii) Cash at bank
(iii) Outside Nigeria (Countries/Bank to be named
(in foreign currency)
18. Government securities, including premium bonds and other interests held in companies, firms or partnerships (giving names of
companies firm and partnerships)­
(a) by you (here state the bonds, etc.;

(b) by Wife (wives)/husband* (here state the bonds, etc.;

(c) by children (here state the bonds, etc.
19. Property in Nigeria which you are interested in, giving date when acquired­
(i) Land;
(ii) Buildings;
(iii) Other property (if any).
20. Membership, ownership, directorship, shareholding, or other related interest in­
(i) a company incorporated in Nigeria;
(ii) a company incorporated outside Nigeria;
(iii) a partnership or sole proprietorship.
21. Property outside Nigeria in which you are interested in giving date when acquired­
(i) Land;
(ii) Buildings;
(iii) Other property(if any).
22. Property outside Nigeria which any wife/husband* is interested in, giving date when acquired­
(i) Land;
(ii) Buildings;
(iii) Other property(if any).
23. Property outside Nigeria which any wife/husband* is interested in, giving date when acquired­
(i) Land;
(ii) Buildings;
(iii) Other property (if any).
24. Property in Nigeria which any child of yours is interested in, giving date when acquired­
(i) Land;
(ii) Buildings;
(iii) Other property (if any).
25. Property outside Nigeria which any child of yours is interested in, giving date when acquired­

(i) Land;
(ii) Buildings;
(iii) Other property (if any).
26. Names of other dependant relatives.
27. Estate in which you are interested as trustee or beneficially interested (Name of deceased or trustee).
28. Property held by any person on your behalf­ (in or outside Nigeria)­
(i) Cash in hand;
(ii) Cash at bank;
(iii) Land;
 (iv) Buildings;
(v) Other properties.
If outside Nigeria, insert name of countries and banks, including the relevant account numbers, and the banks' addresses.

Signature and Address of Witness

Date

Signature of Accused Person

Date

FORM B
FREEZING ORDER
[Section 91 (1)]

(This form may be amended according to circumstances)

1. To the Manager..................................................................
(Here insert Name and Branch of Bank)
Under the authority conferred on me by Section Bill, you are
hereby ordered?
(a) to supply the following information relating to the under mentioned accounts, that
is to say (Here set
out the information required in respect of named accounts)
(b) to produce the books and documents relating to the under mentioned accounts,
that is to say (Here
set out the books and documents to be produced in respect of named accounts)
(c) to stop all outward payments, operations or transactions (including bills of
exchange) as far as possible in the ordinary course of banking in respect of the
following accounts:
(Here indicate the accounts)
2. This order shall remain in force until revoked.
DATED at this day of 20

Judge
Federal High Court Judicial Division
I certify, in accordance with section 2 (1) of the Acts Authentication Act, Cap. A2, Laws
of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses
of the National Assembly.

SCHEDULE TO IMMIGRATION BILL, 2015

(1) (2) (3) (4) (5)

Date Passed by the
Short Title of the Summary of the Contents of the Date Passed by
Long Title of the Bill House of
Bill Bill the Senate
Representatives
This Bill sets out the provisions for
matters relating to immigration,
passports, visas, resident permits,
work permits, and the prohibition
of smuggling of migrants into and
An Act to repeal the from Nigeria, and for the
Immigration Act Cap. II protection of, and provision of
laws of the Federation remedies and assistance to,
Immigration Bill,
of Nigeria, 2004 and objects of smuggling of migrants 14th May, 2015. 12th February, 2014.
2015.
enact the Immigration offences in Nigeria. This Act also
Act, 2015; and for gives effect in the Federal Republic
related matters. of Nigeria to the provisions of the
Protocol against the Smuggling of
Migrants by Land, Sea and Air,
supplementing the United Nations
Convention Against Transitional
Organised Crime.
 Immigration (Control of Aliens) Regulations
under section 51

[Date of commencement: 1 August, 1963.]

ARRANGEMENT OF REGULATIONS
1. Short title
2. Interpretation
3. Appointment of Chief Immigration Officer
4. Appointment of aliens officers
5. Aliens registry
6. Duties of aliens officers
7. Notification of arrival and departure of aliens
8. Registration of aliens
9. Change of status of residence
10. Further duties of alien officers
11. Restriction of alien's movements
12. Liability of householders
13. Hotels and boarding­houses
14. Information to be furnished by person being accommodated
15. Power of examination
Power of the Chief Immigration Officer to demand for particulars of
16.
aliens
17. Offences and penalties
18. Production of certificate of registration
19. Powers of arrest
20. Powers of search
21. Venue of offences
22. Exemptions
23. Application of regulations

SCHEDULES
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule

1. Short title

These Regulations may be cited as the Immigration (Control of Aliens) Regulations.

2. Interpretation

In these Regulations all the words used shall have same meaning as is attached to them and be construed in
the same manner as in the Act; and in particular­

"the Act" means the Immigration Act;

[Cap. I1.]

"resident" when used in relation to an alien means a person entering and remaining in Nigeria for fifty­six
days or more.

3. Appointment of Chief Immigration Officer

The Director of Immigration shall, with the approval of the Minister, appoint an officer, to be the Chief
Immigration Officer and the officer so appointed shall have such powers and shall execute such duties as are
provided by the Act and by these Regulations for the purposes of the control of aliens resident in Nigeria.
4. Appointment of aliens officers

(1) For each State of the Federation and for the Federal Capital Territory, Abuja, there shall be a senior
immigration officer appointed by the Director of Immigration with the consent of the Minister.

(2) The senior immigration officer responsible for the control of aliens shall for the purposes of enforcing
these Regulations be subject to the direction and control of the Director of Immigration.

(3) The Director of Immigration shall appoint such additional officers to be alien officers as may be necessary
to give effect to these Regulations.

5. Aliens registry

The Chief Immigration Officer shall maintain a registry in which there shall be registered in respect of every
alien resident in Nigeria, particulars set out in the First Schedule to these Regulations and such other particulars as
may be required for the purposes of identification and registration.
[First Schedule.]

6. Duties of aliens officers

The senior immigration officer or aliens officer for a State or the Federal Capital Territory, Abuja, shall­

(a) maintain a registry in which there shall be registered in respect of every alien resident in such State or
the Federal Capital Territory, Abuja, particulars set out in the First Schedule and such other matters as
may be required for the purposes of identification and registration;

(b) furnish to the Director of Immigration, at such time and in such manner as may be directed, copies of all
entries in the State or the Federal Capital Territory, Abuja, Registry of Aliens and such other information
as may be required for the identification, registration and control of aliens;

(c) furnish to the Director of Immigration in respect of any offence committed by any alien against the Act,
or against any other Act or Regulation, particulars of the date and place of offence, the offence charged,
the court in which the case was dealt with and the result;

(d) furnish to the Director of Immigration the information supplied to him under the provisions of regulation
9 (a);

(e) issue official receipts for, and pay to the Treasury all moneys received in respect of the registration of
aliens.

7. Notification of arrival and departure of aliens

(1) An immigration officer permitting an alien to land in, or otherwise to enter, and to remain in Nigeria for any
period exceeding twenty­eight days shall­

(a) invite the attention of such alien to the notice prescribed in the Second Schedule to these Regulations;
[Second Schedule.]

(b) transmit forthwith to the Director of Immigration particulars of such alien in the form prescribed by the
Third Schedule to these Regulations.
[Third Schedule.]

(2) An immigration officer to whom an alien reports his departure from Nigeria shall forthwith transmit to the
Director of Immigration particulars of such alien in the form prescribed by the Third Schedule to these Regulations.

8. Registration of aliens

Every alien resident in Nigeria who has attained the age of sixteen years and is not exempt from the
provisions of these Regulations shall­

(a) within 21 days of his arrival in Nigeria report to the senior immigration officer or aliens officer of the
State or the Federal Capital Territory, Abuja in which he resides and submit his passport and residence
permit to him for examination;

(b) supply to the senior immigration officer or aliens officer three passport photographs of recent date and
good likeness;

(c) enter in his own handwriting on two copies of the form prescribed in the First Schedule t o t h e s e
Regulations his personal particulars and such further information as the senior immigration officer or
 aliens officer may require for the purposes of registration; if he is illiterate, he shall provide such
information as is necessary to enable a responsible person to complete the forms;
[First Schedule.]

(d) pay to the senior immigration officer or aliens officer such sum of money as may be prescribed and
receive from him a certificate of registration in the form prescribed in the Fourth Schedule t o t h e s e
Regulations, and an official receipt for the money paid.
[Fourth Schedule.]

9. Change of status of residence

Every alien who has been registered in accordance with the provisions of regulation 8 of these Regulations
shall­

(a) within seven days of any circumstance occurring which affects the accuracy of any information previously
notified to a senior immigration officer or the aliens officer furnish to the senior immigration officer or the
aliens officer in the State or the Federal Capital Territory, Abuja, in which he resides the full particulars
of such circumstance;

(b) if he intends to change his residence to another place within the State or Federal Capital Territory,
Abuja, in which he resides give at least seven days' notice of his intention to the aliens officer of the
State or Federal Capital Territory, Abuja, before the change;

(c) if he intends to change his place of residence from one state or Federal Capital Territory, Abuja, to
another, give at least seven days' notice to the senior immigration officer or the aliens officer in the
State or Federal Capital Territory, Abuja, in which he resides before such change;

(d) within seven days of changing his place of residence, report to the senior immigration officer or the
aliens officer of the new State or Federal Capital Territory, Abuja, in which he resides and submit to him
for examination his passport, residence permit and certificate of registration and full particulars of his
residential and postal addresses;

(e) before leaving his place of residence for any period which exceeds seven days, give notice to the senior
immigration officer or the aliens officer of the State or Federal Capital Territory, Abuja, in which he
resides of his intended destination.

10. Further duties of alien officers

A senior immigration officer or the aliens officer, upon receiving from an alien information as to change of
status or residence, shall forthwith­

(a) notify the Chief Immigration Officer of such change of status or residence;

(b) if an alien changes his place of residence to another State or Federal Capital Territory, Abuja, forward all
documents relative to the registration of such alien to the senior immigration officer or the aliens officer
of the State to which the alien has changed his residence.

11. Restriction of alien's movements

The Director of Immigration may, by notice in writing addressed to any alien, require him to­

(a) report to a senior immigration officer or the aliens officer or to any police officer at a time and place
stated and to provide such officer with any information regarding his movements and such other
information as such officer may require and which is in the power of the alien to provide;

(b) report to the senior immigration officer or the aliens officer of the State or Federal Capital Territory,
Abuja, in which he resides, his intention to absent himself from his place of residence for any period
exceeding twenty­four hours or such other period as may be specified in the notice;

(c) obtain from the senior immigration officer or the aliens officer of the State or Federal Capital Territory,
Abuja, in which he resides, a permit to travel in respect of any journey which he intends to undertake
exceeding a distance of thirty miles from the place in which he is resident;

(d) report his arrival to the senior immigration officer or the aliens officer of any State or Federal Capital
Territory, Abuja, to which he travels and in which he remains for any period exceeding twelve hours or
such longer period as may be specified in the notice;

(e) report to the senior immigration officer or the aliens officer of the State or Federal Capital Territory,
Abuja in which he resides his intended departure from Nigeria for any period, his intended destination
and the date of his intended return to Nigeria.
12. Liability of householders

The householder of any premises in which an alien, who is required to comply with any or all of the provisions
of regulation 8 o r 9 of these Regulations, resides, shall take all reasonable measures to ensure that such alien
complies with the regulations and, should such alien fail to do so, shall within the periods prescribed in the
regulations notify the senior immigration officer or the aliens officer, or any Superior Police Officer in the State in
which he is resident, or in the Federal Capital Territory, Abuja of such alien's failure to comply, or intention not to
comply with, the regulations.

13. Hotels and boarding­houses

The owner or manager of any boarding­house, hotel, lodging­house or rest­house or any premises where
lodging or sleeping accommodation is provided for payment, shall maintain a register in the form prescribed in the
Fifth Schedule to these Regulations and shall require every person accommodated or boarded in such premises to
enter his full name, address and occupation therein and, in addition, shall, subject to the proviso in regulation 14
require every alien accommodated or boarded in such premises to enter therein, such further particulars as are
provided for in the said Schedule.
[Fifth Schedule.]

14. Information to be furnished by person being accommodated

Every person accommodated or boarded at such premises as are described in regulation 13 shall enter in the
register provided, particulars as prescribed in the said regulation, provided that, if such person is illiterate, or is
unable to enter such particulars in a language in common use in Nigeria, he shall provide such information as may
be necessary to enable the owner or manager or other responsible person to enter such particulars in the register.

15. Power of examination

Every register required to be maintained under the provisions of regulation 13 shall at all times be available
for inspection by a senior immigration officer or an aliens officer of by any police officer acting in the execution of his
duty.

16. Power of the Chief Immigration Officer to demand for particulars of aliens

The Chief Immigration Officer may, by notice in writing addressed to the owner or manager of any boarding­
house, hotel, lodging­house or rest­house or any premises where lodging or sleeping accommodation is provided
for payment, require such owner or manager to­

(a) provide to the senior immigration officer or the aliens officer in the State or Federal Capital Territory, Abuja, in
which such premises are situate, a daily list showing particulars as prescribed in the Fifth Schedule t o
these Regulations of every alien who was accommodated at such premises during the previous twenty­
four hours;
[Fifth Schedule.]

(b) provide to the senior immigration officer or the aliens officer in the State or Federal Capital Territory,
Abuja, in which such premises are situate, at such times and at such intervals as may be specified, a list
of any or all aliens accommodated at such premises during any period specified in the notice.

17. Offences and penalties

It shall be an offence punishable upon first conviction by a fine not exceeding fifty naira or a term of
imprisonment not exceeding three months in lieu thereof or, upon a subsequent conviction, a fine not exceeding
one hundred naira or a term of imprisonment not exceeding six months or both such fine and imprisonment­

(a) for an alien to fail to comply with any of the provisions of regulations 8 or 9, or to fail to comply with a
notice issued under the provisions of regulation 11 of these Regulations;

(b) for any person, required by the regulations so to do, to fail to comply with any of the relevant provisions
o f regulations 12, 13, 14 o r 15, or to fail to comply with a notice issued under the provisions of
regulation 16 of these Regulations;

(c) for any person to aid or abet any other person committing any offence against any of these Regulations
or knowingly to harbour any person who has committed any offence against these Regulations.
18. Production of certificate of registration

An alien shall, upon demand by a senior immigration officer or an aliens officer, immigration officer or any
police officer, produce his certificate of registration and provide such information as to his name, address and
occupation as may be requested by such officer or if he is exempt from the requirements of the Act or these
Regulations, shall satisfy such officer that he is so exempt.

19. Powers of arrest

A senior immigration officer, aliens officer, customs officer, or any police officer may arrest, without a warrant,
any alien found committing an offence, or whom he reasonably suspects of having committed an offence, against
these Regulations.

20. Powers of search

A senior immigration officer, aliens officer, or any police officer, authorised by a senior immigration officer,
aliens officer or by any Superior Police Officer, may, without a warrant, enter and search any premises in which he
reasonably believes that an offence against these Regulations is being committed or is about to be committed.

21. Venue of offences

An offence against these Regulations shall, for the purposes of prosecution, be deemed to have been
committed at the place where the offence took place, or where the offender was apprehended.

22. Exemptions

The Minister may, by order, declare any alien, or any class of aliens, to be exempt from the requirement to
comply with any or all of these Regulations.

23. Application of regulations

These Regulations shall not, with the exception of regulation 18 apply to­

(a) a young person who has not attained the age of sixteen years;

(b) a person who is entitled to diplomatic immunity and has been duly accredited to the Government of the
Federation of Nigeria;

(c) a visiting Head of State, his family and his suite;

(d) a seaman, unless he leaves his ship and remains ashore for a period exceeding twenty­eight days;

(e) an alien who enters Nigeria and holds a visitor's permit during the validity of such permit unless he
remains in Nigeria for more than fifty­six days.

First Schedule
[Regulation 5.]

FORM E 20

Aliens register

Registration No.
1. Surname
(Block letters)

2. Surname at birth
3. Forenames
 4. Sex
5. Year of birth

6. Place of birth, town

State or Federal Capital Territory, Abuja
Country
7. Home address
8. Last address abroad
9. Occupation or profession
10. Employer's address
11. Particulars of government service in countries other than Nigeria, including service in
an army, navy or air force, showing years in which served and last appointment or
rank.
12. Residential address in Nigeria

13. Business address in Nigeria

14. Nationality and date acquired
15. Previous nationality
16. Passport, number
place issued
date issued
date of expiry
Place Signature
(to be written as normally used)
For official use only
Province Station
Alien's name in full
Date of arrival in Nigeria
Date reported to aliens officer
Date Certificate of Registration issued
Number and date of receipt for fee paid
Number and date of treasury receipt
Date Form E20 despatched to CAO

Details of arrivals, departures, notification of change of address, etc.

Date Information Officer's signature

Second Schedule
[Regulation 7 (1) (a).]

FORM E 21

Aliens Regulations

1. A person who has attained the age of sixteen years and who is not a citizen of the Commonwealth, or who
is not otherwise exempted from compliance with the Aliens Regulations, and who intends to reside in Nigeria
for any period exceeding fifty­six days shall register with the aliens officer in the State or Federal Capital
Territory, Abuja, in which he or she resides, within twenty­one days of the date of arrival in Nigeria.

2. The address of the senior immigration officer or aliens officer at Abuja is­

Ministry of Internal Affairs

Immigration Department, Abuja.

Outside Abuja the office of the senior immigration officer or aliens officer is situated at the Headquarters of the
Ministry of Internal Affairs in the State concerned.

3. A person required to register shall produce to the senior immigration officer or aliens officer his, or her,
passport, residence permit and three recent passport photographs.

4. Failure to register within the time specified shall render the person concerned liable to a fine of fifty naira
or imprisonment for three months.

Third Schedule
[Regulation 7 (1) (b).]

FORM E 22

GOVERNMENT OF THE FEDERATION OF NIGERIA

Mr/Mrs/Miss
a citizen of
was permitted to enter/left Nigeria at (place)
on (date) by (name of air or shipping line or
vehicle number)
and intends to reside at (state address if entering Nigeria)

Signature
Immigration Officer
Place
Date
*Delete whichever inapplicable.

Fourth Schedule
[Regulation 8 (d).]

Notice to Holder FORM E 23

GOVERNMENT OF THE FEDERAL
1.
REPUBLIC OF NIGERIA

(see attached) Alien's Registration Certificate

No.
Any person finding this certificate shall
hand it in to the nearest Police Station
or return it to the holder named on
page 1.
(back cover) (front cover)
Registration No.:

I HEREBY CERTIFY THAT Mr/Mrs/Miss

PHOTOGRAPH
has been registered at the State or
the Federal Capital Territory, Abuja,
Aliens Registry at

Surname
Forenames on this day of 20
Nationality
Date of birth
Passport No.
 Aliens Officer

Endorsements Endorsements

Date Date

Officer's Signature Officer's Signature

3 4

(Back cover)

Notice to Holder

1. Before changing your residence you shall, at least seven days previously, notify the senior immigration
officer or the aliens officer of the State in which you reside or the Federal Capital Territory, Abuja of the date you
intend to move and your new address.

2. If your new address is in a different State you shall, within seven days of arrival, present yourself, together
with your passport, permit to reside and this certificate, to the senior immigration officer or the aliens officer of the
State or Federal Capital Territory, Abuja, to which you have moved.

3. In the event of the occurrence of any circumstances affecting the accuracy of any particular previously
notified, you shall inform the senior immigration officer or the aliens officer within seven days of the occurrence.

4. If you stay at an hotel, rest­house, boarding­house, etc., you shall write your personal particulars as
prescribed in the register provided.

5. You shall produce this certificate to any senior immigration officer, aliens officer, immigration officer or police
officer on demand and must state your full name and address if so requested.

6. Children, if not citizens of the Commonwealth, shall register with the senior immigration officer or aliens
officer on attaining the age of sixteen years.

7. It is an offence to make any false statement to a senior immigration officer or an aliens officer or to alter any
entry in this certificate.

8. Your co­operation in complying with the regulations is earnestly requested; if you are in doubt or do not
understand the regulations, the immigration officer, an aliens officer or any police officer will advise you on request.

Fifth Schedule
[Regulation 13.]

Hotel register

Full name in
Last Occupation or Date of Date of
BLOCK Nationality Destination Signature
address profession arrival departure
letters

SI 3 of 2017: Immigration Regulations

under section 112 (1)

[DATE OF COMMENCEMENT: 27 FEBRUARY, 2017.]

IN EXERCISE of the powers conferred on me by section 112 (1) of the immigration Act, 2015 ("the Act") and of all
other powers enabling me in that behalf, 1, LT. GEN. ABDULRAHMAN BELLO DAMBAZAI (Rtd.), the Minister of interior,
make the following Regulations­

ARRANGEMENT OF REGULATIONS

PART I

Objectives
1. Objectives.

PART II

Entry into and Departure from Nigeria

2. Passenger lists.
3. Embarkation and disembarkation cards.
4. Business permit.
5. Residence permits.
6. Visiting permit.
7. Transit permit.
8. Temporary work permit.
9. Visa on Arrival.
10. Control of direct transit passengers.

PART III

Residence and Employment of Foreign Nationals in Nigeria

11. Entry for business purposes.
12. Entry for residence or employment.
13. Dependants of a Principal Immigrant.
14. Foreign nationals married to Nigerians.
15. Deportation.

PART IV

Control of Crews and Stowaways

16. Control of members of crew and stowaways.
17. Signing on of crew.
18. Production of certificates and permits.
19. Air crew.
20. Transit visa.

PART V

Control of Immigrants
21. Application of Part V of these Regulations.
22. Immigrants registry.
23. Duties of officer in charge of Immigrants' registry.
24. Notification of arrival and departure of Immigrants.
25. Registration of and form of permits to young Immigrants.
26. Change of status of residence.
27. Restriction of Immigrant's movements.
28. Liability of house holders.
29. Hotels and boarding­houses.
30. Information to be furnished by person being accommodated.
31. Power of examination.
Power of an Immigration Officer to demand for particulars of
32.
Immigrants.
33. Production of certificate of registration.
34. Power of arrest, detention and prosecution.
35. Power of search.
36. Venue of offences.
37. Exemptions.

PART VI

Issuance of Nigerian Passports and other Travel Documents

38. Power and procedure for issuance of Nigerian passports.
39. Replacement of lost or damaged passports.
40. Request for issuance of passports by Naturalized Nigerians, etc.
Passport to be issued to an applicant who has satisfied all the
41.
requirements.
42. Cancellation or withdrawal of passports.
43. Issuance of relevant documents to refugees in Nigeria.

PART VII

Offences and Penalties

44. Immigration offences.
45. Forfeiture of passport.
46. Presentation of forged travel documents to an Immigration Officer.
47. Refusal to apply for regularization of stay, etc.
48. Discharge of any person liable to repatriation without notice.
49. Altering or assisting another in altering travel document.
50. General penalties under section 60 of this Act.
51. Offences and penalties relating to control of Immigrants.
52. Offences by a body corporate.
53. Administrative fines and penalties.

PART VIII

Smuggling of Migrants
Offences, penalties and compensations relating to smuggling of
54.
migrants.
55. Offences relating to enabling illegal residence.
56. Offences relating to procurement of fraudulent travel documents.
Persons who may be held liable for the offence of smuggling of
57.
migrants.
58. Conspiracy to commit the offence of smuggling of migrants.
59. Attempt to commit the offence of smuggling of migrants.
60. Escape, aiding or abetting escape.
61. Obstruction of Justice.
62. Consent of a smuggled migrant not a defence.
63. Power to arrest without warrant.
64. Restitution and compensation.
65. Freezing order on banks or other financial institutions.
66. Seizure, attachment and forfeiture of assets.
67. Treatment of smuggled migrants.
68. Establishment of transit shelters.

PART IX

Command Structure of the Services

69. Command structure of the service.
70. Officers of the rank of Deputy Comptroller of Immigration.
71. Duties of Deputy Comptroller of Immigration.
72. Division for Regular Migration.
73. Designated officers of the service to carry arms.

PART X

Miscellaneous
74. Employment of immigrants.
75. Acceptance of immigration responsibility.
76. Exercise of powers against any person standing trial for an offence.
77. Variation of forms.
78. Revocation and savings provisions.
79. Interpretation.
80. Citation.

SCHEDULES
First Schedule Business Permit.
Second Schedule Notice to Arriving and Departing Immigrants.
Third Schedule Particulars of Immigrants.
Fourth Schedule Hotel Register.
 PART I

Objectives

1. Objectives

The objectives of these Regulations are, to­

(a) provide legal framework for the effective implementation of the Act; and

(b) consolidate existing Immigration Regulations.

PART II

Entry into and Departure from Nigeria

2. Passenger lists

(1) Every list of disembarking and transiting passengers to be supplied by the master of a ship or aircraft
pursuant to section 16 of the Act shall show the full names and aliases (if any) of every passenger together with
the initials of such passenger, the port at which he embarked and the port at which he intends to disembark, and
shall be forwarded in advance to the Immigration Officer in charge.

(2) In the case of carriers by land, in addition to the provisions of sub­regulation (1) of this regulation, the
manifest of passengers shall show the signature or thumb impression of the passengers and be supplied upon
arrival at the Control Post.

(3) In this regulation, a passenger includes every person on board the ship, aircraft or carrier by land except
members of the crew or stowaways.

3. Embarkation and disembarkation cards

(1) Every passenger who arrives or departs Nigeria by any means from any recognized port shall produce to
an immigration officer the signed and dated embarkation or disembarkation card in such form as the Minister or the
Comptroller­General may require.

(2) Every passenger who arrives or departs Nigeria by any means from any recognized port shall satisfy the
immigration officer that he is the holder of a valid travel document.

(3) Nothing in this regulation shall be construed as requiring a Nigerian to complete a disembarkation card.

4. Business permit

(1) The authorization of the Minister for the establishment of a profession, business or trade in Nigeria shall,
subject to such conditions as the Minister may impose, take the form of a business permit prescribed in the First
Schedule to these Regulations.

(2) Nothing, in any business permit shall entitle the holder of such permit to enter or remain in Nigeria unless
such person is in possession of a valid residence permit or appropriate valid visa for residential purposes, as the
case may be.

(3) A business permit may, at any time, be revoked, varied or cancelled by the Minister.

(4) Every person to whom a business permit has been issued shall notify the Minister or the Comptroller­
General within twenty­one days of any change in the name, nature or address of the business or trade.

5. Residence permits

(1) Subject to the provisions of section 37 of the Act, the Comptroller­General may upon application in respect
of a person who has been lawfully allowed entry into Nigeria, grant to such person residence permit in a prescribed
manner.
 (2) A residence permit granted pursuant to this regulation shall be valid for a period not exceeding two years,
and may be renewed.

(3) The residence permit issued under section 37 of the Act shall be valid for entry into Nigeria unless
otherwise directed by the Comptroller­General.

(4) A residence permit may be issued subject to any condition as the Comptroller­General may direct or
require to be endorsed on such permit including­

(a) the area in which the holder of the permit shall reside or work;

(b) the occupation or business activity which the holder may engage in subject to any restrictions,
prohibitions or limitations;

(c) the duration of the validity of the permit or of the holder's stay in Nigeria; and

(d) any other condition in the interest of public safety and security, as the Comptroller­General may direct
or require to be endorsed on such permit.

(5) A residence permit may at any time be revoked or varied by the Comptroller­General if he deems fit.

(6) The Comptroller­General may issue a new permit subject to new conditions as he may reasonably impose
and where such permit is revoked without replacement, the provisions of section 39 of the Act shall apply.

(7) A foreign national who has imported an annual minimum "threshold of capital" over a period of time as
stipulated under section 37 (11) of the Act may be issued a permanent residence permit provided that the
investment is not withdrawn and the foreign national has complied with any other condition prescribed for the
issuance of such permit.

(8) The Minister may authorize the issuance of a residence permit to a Nigerian by birth who had earlier
renounced his nationality in line with the provisions of the Act.

(9) Citizens of member States of the Economic Community of West African States shall be issued with
residence cards provided they register with the Nigeria Immigration Service at the Local Government Area
Headquarters or Command Headquarters of their State of residence or the Federal Capital Territory, as the case
may be.

6. Visiting permit

(1) Every visitor to Nigeria shall obtain and hold a valid visiting permit issued by the Comptroller­General for a
period not exceeding ninety days.

(2) An endorsement in the form of a stamp or sticker on the passport of a person visiting Nigeria containing
such particulars as relate to the port of entry, the date of entry, the period during which the visitor is permitted to
remain in Nigeria and such other conditions or information as the Comptroller­ General may require shall be
sufficient, unless otherwise varied or revoked by the Comptroller­General.

(3) No visiting permit shall be issued to any person­

(a) unless the Immigration Officer is satisfied that such person is in possession of a return ticket or an
onward transportation ticket to a country to which his admission is guaranteed; or

(b) where such person has not made or is unable to make adequate arrangements for his maintenance in
or departure from Nigeria.

7. Transit permit

(1) A transit permit shall take the form of an endorsement by stamp or sticker on the passport of the
applicant and such endorsement shall contain particulars of the port of entry, the date of entry and the period for
which the person is permitted to remain in Nigeria in transit.

(2) The initial transit permit shall be issued for a period not exceeding seven days, unless the period is
extended, in respect of certain persons or class of persons, or in any special case, by the Comptroller­General.

(3) An application for the extension of a transit permit shall be made to the appropriate Immigration Office
before the expiration of the original permit stating the reasons for which an extension is required and the period of
extension.

(4) An Immigration Officer not below the rank of an Assistant Superintendent of Immigration II may further
extend the transit permit for a period not exceeding fourteen days from the original dale of entry: provided that no
further extension beyond this period shall be given except with the consent of the Comptroller­General.

(5) A transit permit shall not be issued unless the Immigration Officer is satisfied that the person applying for
the issue of such permit has an onward passage ticket to a destination outside Nigeria and to which he has entry
facilities and sufficient funds for his maintenance.

8. Temporary work permit

Pursuant to the provisions of section 37 (8) of the Act, the Comptroller­General may authorise the issuance of
temporary work permit, and where necessary, outside quota provision, which may be issued by way of a letter of
approval transmitted to the appropriate Nigerian Mission.

9. Visa on arrival

Upon application in the prescribed manner, the Comptroller­General may approve the issuance of visa on
arrival in respect of any person and such person shall be allowed entry through the designated port.

10. Control of direct transit passengers

(1) An Immigration Officer may grant permission to any transit passenger by the endorsement on the
passport of the passenger to the effect that such passenger may land from a ship or aircraft while the ship or
aircraft is in port and such permission shall be revocable at the discretion of that Immigration Officer.

(2) Where permission to land is refused or where such permission has been revoked, the master of the ship
or aircraft shall accordingly be informed in writing and shall not permit the passenger to land or go ashore.

(3) An Immigration Officer may grant permission to any transiting passenger by road by the endorsement on
the passport or travel documents of the passenger to the effect that such passenger may land from the carrier by
land while the carrier is in park or terminal and such permission shall be revocable at the discretion of that
Immigration Officer.

PART III

Residence and Employment of Foreign Nationals in Nigeria

11. Entry for business purposes

(1) An Immigrant wishing to enter Nigeria for business purposes pursuant to section 36 (1) of the Act shall be
in possession of a valid entry visa unless such immigrant is a citizen of a country with which Nigeria has entered into
a reciprocal visa abolition agreement; provided that where citizens of such countries with which Nigeria has entered
into such agreement are coming into Nigeria for employment purposes, they shall come in with the appropriate visa.

(2) Pursuant to section 20 of the Act, the entry visa referred to under sub­regulation (1) of this regulation
shall be obtained at the relevant Nigerian foreign mission.

(3) No visa shall entitle the holder to enter or remain by way of extension in Nigeria beyond the prescribed
period without the consent in writing of the Comptroller­General given on such terms and conditions as he may
deem fit.

(4) Pursuant to section 37 (13) of the Act, the provisions of these Regulations relating to foreign nationals
requiring visas, work permits and residence permits shall not apply to nationals of Member States of the Economic
Community of West African States who are exempted from requiring entry visas, and are allowed to reside, work
and undertake commercial and industrial activities within Nigeria; provided that such citizens shall register with the
Service as nationals of the Economic Community of West African States.

12. Entry for residence or employment

(1) The authorization of the Minister shall be obtained in writing for the establishment of a business, trade or
profession in Nigeria.

(2) The authorization by the Minister referred to under sub­regulation (1) of this regulation shall, subject to
conditions as he may impose, take the form of grant of Business Permit or Expatriate Quota or both in the
prescribed form; provided that where the Minister issues a stay of action, it shall operate as a bar to deportation
during the pendency of an application for renewal of Expatriate Quota.

(3) Any form of employment of a foreigner or acceptance of offer of employment by an Immigrant shall be with
the consent in writing of the Comptroller­General and such consent shall be presented to an Immigration Officer
either at the Port of Entry or when requested to do so while slaying in Nigeria.
 (4) A residence permit shall not be issued to any Immigrant unless the foreigner is in possession of a valid
visa at the time of entry into Nigeria or satisfies other conditions that the Comptroller­General may impose, in the
case of an Immigrant already in the country.

(5) Residence permits issued pursuant to sections 36 and 37 of the Act shall be used for purposes of re­entry
into Nigeria by the holder within the period of validity of such permits while expatriates awaiting regularization shall
be allowed re­entry within ninety days from the date of endorsement of "Awaiting Regularization" on their
passports.

13. Dependants of a Principal Immigrant

Dependants of any Principal Immigrant may be issued residence permits for a period not exceeding the
validity of the Principal Immigrant's residence permit.

14. Foreign nationals married to Nigerians

Foreign nationals married to Nigerians may be issued with residence permits and such permits shall serve as
multiple re­entry permits irrespective of the class of visas with which they entered Nigeria: provided that they
comply with other conditions the Comptroller­General may reasonably impose or require.

15. Deportation

(1) Where the Court makes a Deportation Order against any person in pursuance of section 45 (1) of the Act­

(a) an Immigration Officer shall obtain from the Court a record of the proceedings in triplicate and forward
to the Comptroller­General who shall transmit same to the Minister for his information; and

(b) the record shall be accompanied by a report from the Immigration Officer giving details of the full name
and particulars, including place and date of birth and nationality of the person.

(2) Where an Immigration Officer becomes aware of any case in which the Minister may order deportation
pursuant to section 45 (2), (3) and (4) of the Act, he shall forward a full report on the case to the Comptroller­
General for the information of the Minister.

(3) Where a person charged with an offence upon conviction of which the offender­

(a) may be recommended for deportation under the Act or any other Act; or

(b) is to be remanded beyond twenty­one days pursuant to section 48 of the Act;

an Immigration Officer may make application to the relevant court to that effect for the deportation or remand.

(4) Where a person is under detention or serving a sentence and a recommendation for deportation has
been made or is likely to be made, an immigration Officer shall obtain and forward to the Comptroller­General full
descriptive particulars of such person, including particulars of his passport, together with two passport­sized
photographs.

(5) Where the person is not in possession of any passport, full particulars of his alleged nationality shall be
obtained and forwarded together with particulars of persons who are his next of kin or any other person who can
identify him in that country to assist the Minister in determining his nationality under section 28 of the Act.

PARI IV

Control of Crews and Stowaways

16. Control of members of crew and stowaways

(1) A member of the crew of a ship or aircraft shall not land or go ashore without the consent of an
Immigration Officer.

(2) Where the consent of the Immigration Officer to land has been refused or withheld, the master of the
ship, aircraft or carrier by land shall take such steps as may be necessary for preventing any member of the crew of
the ship aircraft or carrier by land from disembarking while the ship, aircraft or carrier by land remains at the Port.

(3) Before the arrival of a ship, aircraft or carrier by land at any Port, the master of the ship, aircraft or carrier
by land shall provide the Immigration Officer with a list of all members of the crew and stowaways.
17. Signing on of Crew

All members of the crew of a ship, aircraft or carrier by land who are not citizens of Nigeria and who sign on as
members of the crew of a ship, aircraft or carrier by land at a Port or Control Post, as the case may be, in Nigeria
shall report before an Immigration Officer and complete the Embarkation Cards before boarding the ship, aircraft or
carrier by land on which they are signing on.

18. Production of certificates and permits

An immigrant while in Nigeria, shall if so required by an Immigration Officer, produce as and when necessary a
valid passport, a residence permit, visiting permit, transit permit or other travel documents.

19. Air Crew

(1) All members of a crew of an aircraft arriving in Nigeria and disembarking from an aircraft for the purpose of
joining another aircraft shall report to an Immigration Officer both on arrival and departure, and every such person
shall be in possession of a valid passport and may be issued with a transit permit for the duration of their stay.

(2) Further to the provisions of sub­regulation (1) of this regulation, every member of a crew of an aircraft
who is not a citizen of Nigeria shall in addition to a valid passport hold a valid visa.

(3) The exercise of the power to issue any transit permit for purposes of this regulation by an Immigration
Officer shall be subject to any specific or general directions of the Comptroller­General and such permit may be
given in the form of an instruction to the agent, Captain or Pilot of the aircraft concerned.

20. Transit Visa

(1) Every member of a crew of an aircraft arriving in Nigeria and disembarking from an aircraft for the purpose
of joining another aircraft­

(a) shall report to an Immigration Officer both on arrival and departure;

(b) shall be in possession of a valid passport or any other appropriate valid travel document; and

(c) may be issued with a transit visa for the duration of his stay.

(2) The power to issue any transit visa for the purpose of sub­regulation (1) of this regulation may be
exercised in such manner and subject to such conditions as the Comptroller­General may deem fit from time to time.

PARI V

Control of Immigrants

21. Application of Part V of these Regulations

Except as provided under regulation 30 of these Regulations, the provisions of this Part of these Regulations
shall not apply to­

(a) a young person who has not attained the age of eighteen years;

(b) a person who is entitled to diplomatic immunity and has been duly accredited to the Government of the
Federation of Nigeria;

(c) a visiting Head of State, his family and his suite;

(d) a seaman, unless he leaves his ship and remains ashore for a period exceeding twenty­eight days; and

(e) an Immigrant, who enters Nigeria and holds a visitor's permit during the validity of such permit, unless
he remains in Nigeria for more than ninety days.

22. Immigrants registry

(1) The Service shall maintain a Registry of Immigrants.

(2) A register of all Immigrants shall be kept in the registry containing such information and particulars of an
Immigrant as the Comptroller­General may from time to time direct.
23. Duties of officer in charge of Immigrants registry

The officer in charge of the registry shall furnish­

(a) copies of all entries in the State Registry of Immigrants and such other information as may be required
for the identification, registration and control of Immigrants;

(b) particulars of the date and place of offence, the offence charged, the court in which the case was dealt
with and the result in respect of any offence committed by any Immigrant against the Act, any other Act
or Regulations; and

(c) the information supplied to him by the Immigrant.

24. Notification of arrival and departure of Immigrants

(1) An Immigration Officer permitting an Immigrant to land in, or otherwise to enter, and to remain in Nigeria
for any period exceeding ninety days shall­

(a) invite the attention of such Immigrant to the notice prescribed in the Second Schedule t o t h e s e
Regulations; and

(b) transmit forthwith to the Comptroller­General particulars of such immigrant in the Form set out in the
Third Schedule to these Regulations.

(2) An Immigration Officer to whom an Immigrant reports his departure from Nigeria shall forthwith transmit
to the Comptroller­General particulars of the Immigrant in the prescribed form.

25. Registration of and form of permits to young Immigrants

(1) An Immigrant resident in Nigeria who has attained the age of eighteen years and is not exempted from
the provisions of these Regulations shall­

(a) within twenty­one days of attaining that age, report to an Immigration Officer in the State in which he
resides and submit his passport and residence permit to him for examination;

(b) supply to the Immigration Officer three recent passport photographs of himself that are of good quality;
and

(c) enter in his own handwriting on two copies of the prescribed Form his personal particulars and such
further information as the immigration Officer may require for the purposes of registration and where he
is not literate in English language, he shall provide such information as is necessary to enable a
responsible person to complete the prescribed Forms on his behalf.

(2) The permit to any person of or above the age of eighteen years shall be in the same form as a residence
permit or visiting permit and shall contain such particulars and conditions as the Comptroller­General may require.

26. Change of status of residence

An Immigrant who has been registered in accordance with the provisions of these Regulations shall­

(a) within seven days of any circumstance occurring which affects the accuracy of any information previously
notified to an Immigration Officer, furnish to the Immigration Officer in the State where he resides the
full particulars of such circumstance;

(b) where he intends to change his residence to another place within the State in which he resides give at
least seven days' notice of his intention to the Immigration Officer in the State before the change;

(c) where he intends to change his place of residence from one state to another, give at least seven days
notice to an immigration Officer in the State in which he resides before such change;

(d) within seven days of changing his place of residence, report to an Immigration Officer of the new State
in which he resides and submit to him for examination his passport, residence permit and certificate of
registration and full particulars of his residential and postal addresses; and

(e) before leaving his place of residence for any period which exceeds seven days, give notice to an
immigration Officer in the State in which he resides of his intended destination.

27. Restriction of Immigrant's movements

 The Comptroller­General may, by notice in writing addressed to any Immigrant, require him to report to an
Immigration Officer at a time and place stated and to provide such Officer with any information regarding his
movements and such other information as such Officer may require which is in the power of the Immigrant to
provide.

28. Liability of house holders

The householder of any premises in which an Immigrant, who is required to comply with any or all of the
provisions of these Regulations resides, shall take all reasonable measures to ensure that such Immigrant complies
with these Regulations and where art Immigrant fails to do so, he shall within the periods prescribed in these
Regulations notify an Immigration Officer in the Stare in which he is resident, of such Immigrant's failure to comply,
or intention not to comply with any of the provisions of these Regulations.

29. Hotels and boarding­houses

The owner or manager of any boarding­house, hotel, lodging­house or rest­house or any premises where
lodging or sleeping accommodation is provided for payment, shall­

(a) maintain a register in the Form set out in the Fourth Schedule to these Regulations;

(b) require every person accommodated or hoarded in such premises to enter his full name, address and
occupation therein; and

(c) require every Immigrant accommodated or boarded in such premises to enter therein, such further
particulars as are provided for in the Fourth Schedule to these Regulations.

30. Information to be furnished by person being accommodated

A person accommodated or boarded at any of the premises described under regulation 29 o f t h e s e

Regulations shall enter in the register provided, the particulars prescribed in the said regulation, provided that,
where the person is an illiterate or is unable to enter such particulars in a language in common use in Nigeria, he
shall provide such information as may be necessary to enable the owner or manager or other responsible person to
enter such particulars in the register.

31. Power of examination

A register maintained under the provisions of regulation 29 of these Regulations shall at all limes be available
for inspection by an Immigration Officer acting in the execution of his duty.

32. Power of an Immigration Officer to demand for particulars of Immigrants

An Immigration Officer may, by notice in writing addressed to the owner or manager of any boarding­house,
hotel, lodging­house or rest­house or any premises where lodging or sleeping accommodation is provided for
payment, require such owner or manager to provide to the Immigration Officer in the State in which such premises
is situated­

(a) daily list showing particulars as prescribed in the Fourth Schedule to these Regulations of every
Immigrant who was accommodated at such premises during the previous twenty­four hours; and

(b) a list of any or all Immigrants accommodated at such premises during any period specified in the notice,
at such times and at such intervals as may be specified.

33. Production of certificate of registration

(1) An immigrant shall, upon demand by an Immigration Officer, produce his certificate of registration and
provide such information as to his name, address and occupation as may be requested by an Immigration officer.

(2) Where an Immigrant is exempted from the requirements of the Act or these Regulations, he shall satisfy
the Immigration Officer that he is so exempted.

34. Power of arrest, detention and prosecution

 (1) An Immigration Officer, may arrest without a warrant, any Immigrant found committing an offence, or
whom he reasonably suspects of having committed an offence under the Act or these Regulations.

(2) An arrested immigrant may be detained or prosecuted.

(3) Any detained Immigrant shall be subjected to humane treatment.

35. Power of search

An Immigration Officer, may, without a warrant, enter and search any premises in which he reasonably
believes that an offence under the Act or these Regulations has been, is being or is about to be committed.

36. Venue of offences

An offence against any of the provisions of these Regulations shall, for the purposes of prosecution, be
deemed to have been committed at the place where the offence took place, or where the offender was
apprehended.

37. Exemptions

The Minister may, by order, declare any Immigrant, or any class of Immigrants, exempted from the
requirements to comply with any or all of these Regulations.

PART VI

Issuance of Nigerian Passports and other Travel Documents

38. Power and procedure for issuance of Nigerian passports

(1) The power to issue Nigerian Passports shall be vested in the Comptroller­General.

(2) Nigerian Passports shall be issued only to bona fide Nigerians within and outside Nigeria.

(3) Diplomatic and Official Passports shall be issued at the Immigration Headquarters in accordance with the
eligibility list for the time being in force subject to­

(a) the discretion of the President and Commander­in­Chief of the Armed Forces of the Federal Republic of
Nigeria; and

(b) the powers conferred on the Comptroller­General under the Act.

(4) Application for Standard Nigerian Passports shall be made to the­

(a) appropriate Immigration Office closest to the applicant's place of residence in Nigeria;

(b) appropriate Nigerian Diplomatic Mission established in a foreign country; or

(c) Nigerian Diplomatic Mission in the nearest country performing Immigration duties for the country in
which the applicant is resident, where there is no Nigerian Diplomatic Mission.

(5) Pursuant to section 2 (b) of the Act, travel documents to be issued by the Service shall include ECOWAS
Travel Documents.

39. Replacement of lost or damaged passports

All requests for­

(a) replacement of lost or damaged passports for applicants in Nigeria shall be processed at the
Immigration Headquarters: provided that in the case of a damaged passport with less than six months
validity, it may be processed at any Passport Issuing Centre;

(b) replacement of lost or damaged passports for Nigerians resident abroad shall be forwarded by the
appropriate Nigerian Diplomatic Mission and processed at the Immigration Headquarters;

(c) change or amendment of data or both shall be processed at the Immigration Headquarters; and

(d) re­issuance or replacement of Diplomatic and Official Passports shall be processed only at the
 Immigration Headquarters.

40. Request for issuance of passports by Naturalized Nigerians, etc.

(1) All requests for issuance of fresh passports by Naturalized or Registered Nigerians and in respect of
children adopted by Nigerians or non­Nigerians shall be processed at the Immigration Headquarters.

(2) All requests for re­issuance of passports by Naturalized or Registered Nigerians shall be processed at the
Immigration Headquarters.

(3) All requests for the re­issuance of passports to adopted children may be processed at any Passport
Issuing Centre.

(4) All requests for issuance of passports in respect of a minor shall be supported with a consent letter from
either parent.

(5) In the case of minors who are orphans, a letter of consent under sub­ regulation (4) of this regulation
shall be required from a lawful guardian, a person having lawful custody of the minor, an Orphanage Home or the
appropriate Government Institution.

41. Passport to be issued to an applicant who has satisfied all the requirements

(1) Upon the receipt of an application for Nigerian passport, the Officer in charge of issuance of passports
shall forthwith issue the passport to the applicant who has satisfied all the requirements.

(2) Where an applicant fails to satisfy any requirement, the Officer shall notify the applicant in writing of the
requirement or requirements he needs to satisfy within such reasonable period as may be specified in that notice.

42. Cancellation or withdrawal of passports

(1) Subject to the provisions of the Act, the Minister may at any time cancel or withdraw any passport issued
to any person where­

(a) the passport is obtained by fraud; or

(b) a person unlawfully holds more than one passport at the same time.

(2) The number of the passport, name and particulars of the holder of any passport withdrawn or cancelled
pursuant to the provisions of section 13 of the Act shall be published in the Official Gazette and on the website of
the Service.

43. Issuance of relevant documents to refugees in Nigeria

Relevant Immigration documents shall be issued to deserving refugees in Nigeria as may be­

(a) certified by the National Commission for Refugees; and

(b) authorised by the Comptroller­General.

PART VII

Offences and Penalties

44. Immigration offences

(1) A person who­

(a) aids or assists any person to enter Nigeria in contravention of any of the provisions of the Act;

(b) while refusal of admission is in force in relation to him enters or remains within Nigeria otherwise than in
accordance with the directives or under the authority of an Immigration Officer;

(c) contravenes or fails to comply with any condition imposed on him under the Act or these Regulations; or

(d) restricts or obstructs, any Immigration Officer in the lawful execution of his duty,

commits an offence under section 56 of the Act.

 (2) A person who knowingly harbours another person or persons whom he knows or has reasonable ground
for believing to have committed an offence under section 56 (1) of the Act, commits an offence.

(3) A person who­

(a) makes or causes to be made to any Immigration Officer any return, statement or representation which
he knows to be false or does not believe to be true;

(b) refuses or fails to produce or furnish to any such officer any document or information which he is
required to produce or furnish to that officer under the Act or otherwise obstruct any such officer in the
exercise of his function; or

(c) without lawful authority, alters any document issued or made under or for the purpose of the 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.

(4) Any person who commits any of the offences prescribed under section 56 (1) and (2) of the Act shall be
liable to imprisonment for a term of ten years or a fine of Two Million Naira, or both.

(5) Any person who commits any of the offences prescribed under section 56 (3) of the Act shall be liable to
imprisonment for a term of five years or a fine of One Million Naira, or both.

(6) Where a person is charged with any of the offences under the Act and the evidence establishes an
attempt to commit that offence, he may be convicted of having attempted to commit that offence and is liable to half
of the penalty provided for that offence in the Act.

(7) Where a person is charged with attempt to commit any of the offences under the Act and the evidence
establishes the commission of the full offence, the offender shall not be entitled to acquittal but shall be convicted of
the offence as prescribed by the Act.

45. Forfeiture of passport

(1) The Nigerian passport of any person convicted of an offence under the Act and any other enactment, shall
be forfeited to the Federal Government and shall not be returned to that person unless the Minister so directs.

(2) A Nigerian deported for immigration related offences shall not be issued another passport until after two
years of his deportation.

(3) A Nigerian deported for any other criminal offence, shall not be issued another passport until after five
years of his deportation.

(4) Any person found guilty of fraudulently acquiring or possessing multiple Nigerian passports shall not be
issued any other passport until after five years of his being convicted for such offence.

46. Presentation of forged travel documents to an Immigration Officer

A person who presents forged travel documents to an Immigration Officer for the purpose of traveling out of
Nigeria for human trafficking for the purpose of prostitution, child labour or child abuse commits an offence under
section 57 (4) (b) of the Act and is liable on conviction to a term of ten years imprisonment or to a fine of Two Million
Naira or both.

47. Refusal to apply for regularization of stay, etc.

Any expatriate who fails, neglects or refuses to apply for the­

(a) regularization of his slay in Nigeria within the stipulated period of three months;

(b) renewal of his Business Permit, Transit Visa, Visitors Pass, or Temporary Work Permit (TWP) after
expiration; or

(c) renewal of his residence permit thirty days after its expiration,

commits an offence under section 57 (5) (c) of the Act and is liable on conviction to a term of three years
imprisonment or a fine of Five Hundred Thousand Naira or both.

48. Discharge of any person liable to repatriation without notice

(1) An employer of a person liable to repatriation who­

 (a) discharges such a person without giving notice to the Comptroller­ General; or

(b) causes such a person to be re­designated or change his employment, without the approval of the
Comptroller­General,

commits an offence under section 58 of the Act and is liable on conviction to a term of five years imprisonment or to
a fine of one million Naira or both.

(2) Where an employer convicted under sub­regulation (1) of this regulation is not a citizen of Nigeria, the
employer and his dependants shall, if the Minister thinks fit, be deported and the business of the employer may be
wound­up as prescribed by the Act.

49. Altering or assisting another in altering travel document

A person who alters or assists another in altering travel document, or who produces or reproduces, or assists
in the production or reproduction of any travel document without lawful authority, commits an offence under section
59 of the Act and is liable on conviction to a term of five years imprisonment or to a fine of One Million Naira or both.

50. General penalties under section 60 of the Act

(1) A person guilty of an offence under the Act, where no specific penalty is provided, is liable on conviction to
a term of one year imprisonment or a fine of One Hundred Thousand Naira or both and the Court may, if it thinks fit,
order the deportation of the offender.

(2) An agent, who is not a body corporate and who is guilty of an offence under the Act, shall where no
specific penalty is provided be liable on conviction to a term of ten years imprisonment or a fine of Two Million Naira
or both.

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

51. Offences and penalties relating to control of immigrants

(1) An Immigrant who fails to comply with any of the provisions of these Regulations or who fails to comply
with a notice issued under the provisions of these Regulations commits an offence and is upon­

(a) the first conviction liable to a fine not exceeding five hundred thousand Naira or a term of imprisonment
not exceeding three months; and

(b) a subsequent conviction to a fine not exceeding one million Naira or a term of imprisonment not
exceeding six months or both such fine and imprisonment.

(2) A person, not being an immigrant, who fails to comply with any of the relevant provisions of these
Regulations or who fails to comply with a notice issued under the provisions of these Regulations commits an
offence and is upon­

(a) the first conviction liable to a fine not exceeding five hundred thousand Naira or a term of imprisonment
not exceeding three months; and

(b) a subsequent conviction liable to a line not exceeding one million Naira or a term of imprisonment not
exceeding six months or both such fine and imprisonment.

(3) A person who aids or abets any other person committing any offence against any provision of these
Regulations or knowingly harbours any person who has committed any offence under these Regulations commits an
offence and is upon­

(a) the first conviction liable to a fine not exceeding five hundred thousand Naira or a term of imprisonment
not exceeding three months; and

(b) a subsequent conviction liable to a fine not exceeding one million Naira or a term of imprisonment not
exceeding six months or both such fine and imprisonment.

52. Offences by a body corporate

(1) Where an offence under the Act, these Regulations or any other relevant law committed by a body
corporate is proved to have been committed on the instigation or with the connivance of or is attributable to any
neglect on the part of a director, manager, secretary of the body corporate, or any person purporting to act in any
such capacity, the officer or person shall be liable on conviction to a term of three years imprisonment or to a fine of
Two Million Naira or both.
 (2) Where the offence committed by the body corporate is an offence relating to smuggling of migrants, the
Director, Manager, Secretary or such other persons purporting to act in any such capacity, shall be liable to the
penalty prescribed for individuals under the various provisions for such offences under the Act.

(3) A body corporate convicted of an offence under the Act, is liable on conviction to a fine of Five Million Naira
and the Court may issue an Order to wind­up the body corporate.

(4) Where a body corporate is convicted of an offence relating to smuggling of migrants, it shall be liable on
conviction to a fine under the Act, and the Court may issue an Order to wind­up the body corporate and its assets
and properties transferred to the Smuggling of Migrants Trust Fund.

(5) Nothing contained in sub­regulations (1) and (2) of this regulation shall render any person liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.

(6) A body corporate that refuses to renew its Expatriate Quota within the stipulated time or render its
Expatriate Quota monthly returns, commits an offence and is liable on conviction to a fine of Three Million Naira.

(7) A body corporate shall­

(a) engage Nigerian employees who shall understudy expatriate employees; and

(b) not allow the unauthorized utilization of its expatriate quota positions by any other organization.

(8) A body corporate who­

(a) refuses to employ Nigerians to understudy expatriate employees; or

(b) allows the unauthorized utilization of its expatriate quota positions by any other organization,

commits an offence and is liable to a fine of three million Naira for each month the position has been occupied by an
expatriate without such understudy and the affected expatriate employees shall be deported.

53. Administrative fines and penalties

Any person who acts in contravention of or fails to comply with any­

(a) of the provisions of these Regulations;

(b) condition set out for the grant of any visa or permit; or

(c) directive or instruction given pursuant to any of the provisions of these Regulations,

may upon the approval of the Comptroller­General be liable to an administrative fine or penalty not exceeding one
million Naira.

PART VIII

Smuggling of Migrants

54. Offences, penalties and compensations relating to smuggling of migrants

(1) A person who intentionally or knowingly in order to obtain financial, material or other forms of benefit,
from another person, procures, facilitates or promotes the illegal entry of a person into Nigeria, not being a citizen
or permanent resident of Nigeria, commits an offence and is liable on conviction to a term of ten years imprisonment
or to a fine of not less than one million Naira or both, and shall in addition­

(a) refund to the migrant all monies obtained from him in the course of the commission of the offence; and

(b) compensate the smuggled migrant as may be determined by the court.

(2) Where the smuggled person's life or safety has been endangered or subjected to torture, inhuman or
degrading treatment, exploitation, or the offence is committed by a member of a criminal group, the offender shall
be liable to the punishment prescribed under the Act.

(3) Where the smuggled migrant is a citizen of a Member State of the Economic Community of West African
States and the receiving country is also a Member Slate of the Economic Community of West African States, the
offender shall be liable to the punishment prescribed under the Act.

55. Offences relating to enabling illegal residence

(1) Any person who, intentionally or knowingly, in order to obtain a financial or material benefit, procures,
facilitates, promotes or enables a person who is not a citizen or permanent resident of Nigeria to stay illegally in
Nigeria as a smuggled migrant by means of a fraudulent identity document, residence permit or any other illegal
means: commits an offence and is liable on conviction to a term of ten years imprisonment or a fine of not less than
one million Naira or both.

(2) The offender under sub­regulation (1) of this regulation shall be liable to refund to the smuggled migrant
all monies obtained from him in the course of the commission of the offence.

56. Offences relating to procurement of fraudulent travel documents

(1) Any person who for a financial or material benefit intentionally procures or possesses a fraudulent travel
or identity document to enable the smuggling of a migrant, commits an offence and is liable on conviction to seven
years imprisonment or a fine of not less than one million Naira or both and shall in addition­

(a) refund to the smuggled migrant all monies obtained from him in the course of the commission of the
offence; and

(b) compensate the smuggled migrant as may be determined by the court.

(2) Subject to the provisions of the Act, where the smuggled person's life or safety has been endangered or
subjected to torture, inhuman or degrading treatment, exploitation, or the offence is committed by a member of a
criminal group, the offender shall be liable to imprisonment for a term of twelve years or a fine of not less than two
million Naira or both.

57. Persons who may be held liable for the offence of smuggling of migrants

Pursuant to section 70 of the Act, the persons or group of persons who may be held liable for the offence of
smuggling of migrant include anyone who­

(a) organizes or directs any other person to commit the offence;

(b) participates as an accomplice;

(c) procures another person by any means;

(d) aids, abets or counsels any person to commit the offence; or

(e) does any act preparatory to or in furtherance of the commission of the offence.

58. Conspiracy to commit the offence of smuggling of migrants

Any person who conspires to commit the offence of smuggling, of migrant as provided for under the Act or any
other relevant law shall be liable to the full penalty prescribed in the Act or that other relevant law but where the
offence is not committed, the conspirator shall be liable to half of the penalty provided for the offence.

59. Attempt to commit the offence of smuggling of migrants

(1) Any person who attempts to commit any offence under the Act or any other relevant law shall be liable to
a penalty of not less than half of the penalty prescribed for the offence.

(2) Where the evidence establishes the commission of the full offence, the offender shall not be entitled to
acquittal but shall be convicted for the commission of the offence, and shall be liable to the penalty provided for the
offence under the Act.

60. Escape, aiding or abetting escape

(1) Where any person in lawful custody escapes, or aids, facilitates or abets the escape of a person in lawful
custody of the Service, that person who assisted the other person to escape shall upon conviction, be liable to the
punishment prescribed under the Act.

(2) Where the offender, in the course of escaping, or aiding or abetting escape endangers the life or safely of
any law enforcement officer or witness, he shall be liable to a term of fifteen years imprisonment or to a fine of
three million Naira or both and in addition­

(a) compensate the officer or witness as the case may be as may be determined by the court; and

(b) all assets traceable to have been derived from the commission of the offence shall be forfeited and paid
into the Objects of Smuggling of Migrants Trust Fund established under section 97 of the Act.
61. Obstruction of Justice

(1) Any person who obstructs justice by any form of interference with evidence, exhibits or witness through
the use of physical force, intimidation, blackmail or similar acts, commits an offence and is liable on conviction to
fourteen years imprisonment or to a fine of two million Naira or both.

(2) Where in the course of the interference, the offender who is a member of a criminal group, endangers the
life of a witness, law enforcement officer or such other persons working to enforce the provisions of the Act, he shall
be liable to the punishment prescribed under the Act.

(3) The offender under sub­regulation (2) of this regulation shall compensate any person affected by his
offence and all assets traceable to have been derived from the commission of such an offence shall be forfeited and
paid into the Objects of Smuggling of Migrants Trust Fund established under section 97 of the Act.

62. Consent of a smuggled migrant not a defence

Subject to the provisions of the Act, the consent of a smuggled migrant shall not­

(a) be a defence for an offender;

(b) constitute a bar to the commencement of civil proceedings against the offender; or

(c) exempt the offender from any liability created under the Act.

63. Power to arrest without warrant

An Immigration Officer may arrest without warrant any person whom he has reasonable grounds to believe
has committed an offence under the Act.

64. Restitution and compensation

Subject to the provisions of section 78 of the Act, the court may, as it deems fit, make Order or Orders for
restitution and compensation of a smuggled person irrespective of his immigration status.

65. Freezing order on banks or other financial institutions

(1) Notwithstanding anything contained in any other enactment, where any person is arrested or is under
investigation for an offence under the Act or any other relevant law, the Comptroller­General may, if satisfied that
the money in the account of an arrested person is made through the commission of an offence under the Act or any
other relevant law, apply to the court ex parte for an Order authorizing the Service to issue or instruct a bank
examiner or such other appropriate regulatory authority to issue an order as specified in form B of the Schedule to
the Act, addressed to the manager of the bank or any person in control of the financial institution where the
account is or believed by him to be or the head office of the bank or other financial institution, to freeze the account.

(2) The Comptroller­General or bank examiner may by such Order of the court, direct the bank or other
financial institution to supply any information and produce books and documents relating to the account and to stop
all outward payments, operations or transactions, including any Bill of Exchange, in respect of the account or
accounts of the arrested person or a person under investigation.

66. Seizure, attachment and forfeiture of assets

(1) The Passport or any other travel document of any Nigerian convicted of the offence of smuggling of
migrant shall be forfeited unless the Minister directs otherwise or on the exercise of the Prerogative of Mercy under
the Constitution of the Federal Republic of Nigeria.

(2) Subject to the provisions of section 82 of the Act, a convicted person under the Act shall forfeit­

(a) all the assets and properties which are the subject of an Interim Attachment Order of the court after an
attachment by the Service as specified by the provisions of the Act;

(b) any assets or properties derived from any proceeds obtained directly or indirectly not already disclosed
in the Assets Declaration Form specified in Form A of the Schedule to the Act, or not subject of an
Interim Attachment Order; and

(c) any property or instrumentalities used in any manner to commit or to facilitate the commission of such
 offence not already disclosed in the Assets Declaration Form or not subject of an Interim Attachment
Order.

(3) The amount of forfeited assets and properties shall he vested in the Federal Government of Nigeria and
their proceeds shall be paid into the Consolidated Revenue Fund of the Federation from which they shall be
immediately paid into the Objects of Smuggling of Migrants Trust Fund.

(4) The means of conveyance of smuggled migrants including vehicles, vessels, aircraft or other means of
transportation shall be subject to forfeiture, except where­

(a) it is established that the means of conveyance used by the offender is used in the transaction of
business as a common carrier and the owner or any person in charge of such means of conveyance was
not a consenting party or was not privy to the commission of the offence;

(b) the owner of the means of conveyance establishes that such means of conveyance was unlawfully and
criminally in the possession of a person who is not the owner; or

(c) it is established that the means of conveyance was used without the knowledge, consent or willful
connivance of the owner.

67. Treatment of smuggled migrants

(1) The protection of the rights of smuggled migrants is hereby guaranteed and it shall be the responsibility
of the Service to ensure that a smuggled migrant­

(a) is not subjected to discriminatory treatment on account of race, colour, gender, age, language, religion,
political or other opinion, cultural beliefs or practices, national, ethnic or social origin, property, birth or
other status, including his status as a smuggled migrant;

(b) has access to adequate health and other social services during the period of his temporary residence in
Nigeria;

(c) has access to the embassy, high commission or consulate of the country of which he is a citizen or
where there is no embassy, high commission or consulate, has access to the diplomatic representative
of the State that takes charge of the country 's interest or nationals, to protect him;

(d) is able to return home safely, if he wishes and when he is able to do so; and

(e) is not denied temporary residence visas during the pendency of any criminal, civil or other legal actions.

(2) The Service shall ensure that investigation, defection, gathering and interpretation of evidence are
conducted in such a manner as to minimize intrusion into the personal history of a smuggled migrant and that the
identity of a person smuggled is protected.

(3) The Service shall ensure that­

(a) the use of any person's history of being smuggled to discriminate or cause harm to such person, his
family or his friends in any way whatsoever, particularly with regard to freedom of movement, marriage
or search for gainful employment, is prohibited;

(b) steps are taken to maintain and rehabilitate facilities provided for smuggled migrants; and

(c) a smuggled migrant and his family are protected from intimidation, threats, and reprisals from smugglers
and their associates, including reprisals from persons in position of authority.

68. Establishment of transit shelters

The Service shall establish Transit Shelters to provide a range of services to smuggled migrants, including
counselling services, post­arrival orientation, information and programmes to promote social integration, as well as
welfare programmes to assist smuggled migrants.

PART IX

Command Structure of the Service

69. Command structure of the service

Pursuant to the provisions of section 6 of the Act, the command structure of the Service shall include officers
of the rank of Deputy Comptroller of Immigration.
70. Officers of the rank of Deputy Comptroller of Immigration

In line with the provisions of section 3 (1) (b) of the Act, such other officers to be appointed by the Board may
include Officers of the Rank of Deputy Comptroller of Immigration.

71. Duties of Deputy Comptroller of Immigration

The duties of Deputy Comptroller of Immigration shall be as prescribed in the Service schedule of duties and
such other duties as may be directed by the Comptroller­General.

72. Division for Regular Migration

Pursuant to the provisions of section 61 (2) of the Act, the Division for Regular Migration shall have
responsibility for handling matters relating to regular migrants.

73. Designated officers of the service to carry arms

For the efficient and effective discharge of the duty of border surveillance and patrol in accordance with the
provisions of section 2 (d) of the Act and the performance of such para­military duties conferred by section 2 (f) of
the Act, amongst other duties, it shall be lawful for designated officers of the Service to carry arms, lethal weapons
and such other gadgets that may be reasonably required or necessary.

PART X

Miscellaneous

74. Employment of immigrants

(1) An application relating to employment in Nigeria of any person who is a national of any country other than
Nigeria, shall be made to the Comptroller­General in writing.

(2) An application under sub­regulation (1) of this regulation shall contain particulars as to the full name of
the prospective employee, date and place of birth, nationality, dale and place of issue of passport, and such other
information as the Comptroller­General may require.

75. Acceptance of immigration responsibility

An immigrant may be permitted by an immigration Officer to enter or remain in Nigeria upon the immigrant or
some other person on his behalf accepting full immigration responsibilities.

76. Exercise of powers against any person standing trial for an offence

A power exercisable under the Act in the case of any person may be exercised notwithstanding that
proceedings for an offence under the Act have been taken against him.

77. Variation of forms

Where a person wishes to make an application under any of the provisions of the Act or the Regulations made
thereunder and the form of the application as prescribed by any regulation or an order under the Act or under the
Regulations revoked by regulation 78 of these Regulations is unsuitable to the particular case, the Minister or the
person to whom the application is to be made may authorise the application to be made in some other form, and
such other form may, in like manner, be varied to suit any particular case.

78. Revocation and savings provisions

(1) The Immigration Regulations, 1963 is revoked.

(2) The Immigration (Control of Aliens) Regulations, 1963 is revoked.

 (3) Without prejudice to section 6 of the Interpretation Act, the revocation of the Regulations specified in sub­
regulations (1) and (2) of this regulation shall not affect anything done or purported to be done under or pursuant
to the revoked Regulations.

(4) Subject to the provisions of the Act, the Minister may, from time to time, amend or revoke the provisions
of these Regulations.

79. Interpretation

In these Regulations all the words used shall have same meaning as is attached to them and be construed in
the same manner as in the Act, and in particular­

"Act" means the Immigration Act, 2015;

"Board" means the Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB) or the Board of
Objects of Smuggling of Migrants Trust Fund as the case may be;

"Constitution" means the Constitution of the Federal Republic of Nigeria 1999 (as amended);

"Comptroller­General" means Comptroller­General of Nigeria Immigration Service;

"Immigration Headquarters" means the operational and administrative office of the Nigeria immigration
Service, where the official scat of the Comptroller­General is situated;

"Inhuman or degrading treatment" includes treatment inflicted by any person that causes severe physical or
mental pain, suffering or injury, or feelings of fear, anguish or inferiority that are capable of humiliating or
debasing a person;

"Offender" includes but not limited to a convicted person under the Act;

"Passport" means a document of protection and authority to travel issued by the Nigeria Immigration Service
to Nigerians wishing to travel outside Nigeria and includes­

(a) Standard Nigerian Passport;

(b) Nigerian Diplomatic Passport;

(c) Nigerian Official Passport;

(d) Nigerian Pilgrim's Passport; and

(e) Seaman's Passport or Seaman's Certificate of Identity;

"Resident" when used in relation to an Immigrant means a person entering and remaining in Nigeria for
ninety days or more;

"State" means a Stale of the federation or the Federal Capital Territory, Abuja;

"Smuggling of Migrants Trust Fund" means the Objects of Smuggling of Migrants Trust Fund established
under section 97 (1) of the Act; and

"Stowaway" means any person who, with the intention of evading immigration formalities, secrets himself on
board a ship, aircraft or carrier by land, with or without payment for his passage.

80. Citation

These Regulations may be cited as the immigration Regulations, 2017.

First Schedule
BUSINESS PERMIT
[Regulation 4 (1).]

Permit No
Name of business
Name of Proprietors/Directors/Partners/Owners

Nature of business permitted

 Place where business is permitted

Any other conditions endorsed on the operation of the business

Permitted expatriate quota

Positions in which expatriate quota is permitted

Minister
Ministry of Interior
Note0 Possession of this permit does not exempt the holder from the requirements of any
residence permit or visa where applicable for entry into and residence in Nigeria.

Second Schedule
NOTICE TO ARRIVING AND DEPARING IMMIGRANIS
[Regulation 24 (1) (d).]

1. A person who has attained the age of eighteen years and who is not a citizen of Nigeria, or who is not
otherwise exempted from compliance with Registration, and who intends to reside in Nigeria for any period
exceeding Ninety days shall register with the designated Immigration Officer in the State in which he or she resides,
within twenty­one days of the date of arrival in Nigeria.

2. The address of the designated Immigration Officer at Abuja is­

Nigeria Immigration Service Headquarters,

Airport Road,

Abuja.

3. Outside Abuja, the office of the designated Immigration Officer is situated at the Commands of the Nigeria
Immigration Service in the State concerned.

4. A person required to register shall produce to the designated Immigration Officer his, or her, passport,
residence permit and three recent passport photographs.

5. Failure to register within the time specified shall render the person concerned liable to a fine as prescribed
by the Act.

Third Schedule
PARTICULARS OF IMMIGRANIS
[Regulation 24 (1) (d).]

Government of the Federal Republic of Nigeria

Mr/Mrs/Miss
A citizen of
*was permitted to enter/*left Nigeria at (place)
on (date) by (name of air or shipping line or vehicle
number)
and intends to reside at (state address if entering Nigeria)

Signature
Immigration Officer
 Place
Date

Fourth Schedule
HOTEL REGISTER
[Regulation 29 (a) and (c) and Regulation 32 (a).]

Full Name in Nationality

Last Occupation for Date of Date of
Block Passport Destination Signature
Address Profession Arrival Departure
Letters Number