Bronwen Manby and Solomon Momoh Neither the Immigration Act nor the Immigration Regulations of 201724 include a procedure by which it shall be determined if a person is a ‘bona fide Nigerian’. However, the handbook on ‘Immigration Services and Facilities at a Glance’, published in 2017, provides a list of supporting documents for a passport application, including a ‘Letter of identification from Local Government/State of origin or residence or National Identity Card or Letter of introduction for employees of government as a Nigerian citizen’; a birth certificate is stated to be required for those born after 1992, for others an age declaration will suffice.25 The list provided on the Department of Immigration website is similar but not identical.26 The fee payable is ₦15,000 (approx. €35) for a standard adult passport if applying in Nigeria.27 In addition, Section 28 of the Immigration Act provides for ‘Determination of nationality in special cases’, stating that ‘the Minister may give such directives as he thinks fit for the determination of the nationality of any person’; these directives may be challenged in court only ‘in the case of any person in or resident in Nigeria and claiming to be a citizen of Nigeria’.28 A passport is not, however, proof of Nigerian citizenship. Even if a person holds a passport it is still for that person to prove his or her citizenship if that status is questioned, and not for the person challenging the status to prove that the holder is not a citizen. Section 100 of the Immigration Act states that: In any proceeding under this Act or Regulations made under this Burden of 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. It is likely that only a small percentage of Nigerians hold an international passport (no statistics are published). For Nigerian citizens outside the country, consulates can accept applications for the issue or replacement of passports and ECOWAS travel documents.29 Applications for replacement of lost or damaged passports are forwarded to the Immigration Headquarters in version of the amended constitution with renumbered sections, visit the Constitution section of the Ministry of Justice website via https://www.justice.gov.ng/index.php/laws/constitution?task=document.viewdoc&id=35 24 Immigration Regulations, SI No. 3 of 2017, 1 March 2017; Part VI on Issuance of Nigerian Passports and Other Travel Documents. 25 ‘Handbook on the Operationalisation of Executive Order One (EO1) in the Nigeria Immigration Service’, June 2017, pp.20-22. 26 The list of ‘General Documents required for interview’ for a standard passport given on the Immigration Service website is: ‘1. Local Government letter of identification; 2. Birth certificate / age declaration; 3. Recent colour passport photographs; 4. Guarantor's form sworn to before a commissioner of Oaths / Magistrate / High Court Judge; 5. Parents' letter of consent for minors under 16 years; 6. Marriage certificate where applicable; 7. Police report in case of lost passport.’ See https://portal.immigration.gov.ng/pages/passportguidelines. 27 Ibid. 28 This section is included in Part IV of the Immigration Act, headed ‘Control of Crews and Stowaway’. 29 Immigration Regulations, section 38(4) and (5). See also ‘Handbook of Immigration Facilities and Services’, Nigeria Immigration Service, June 2017, available at https://immigration.gov.ng/wpcontent/uploads/2017/06/Handbook-of-Immigration-Facilities-and-Services.pdf. RSCAS/GLOBALCIT-CR 2020/12 - © 2020 Author(s) 11