Ribadu, el-Rufai threaten to sue govt over passports

The last may not have been heard about the Federal Government’s purported refusal not to renew the passports of former Federal Capital Territory (FCT) Minister Nasir el-Rufai and pioneer Economic and Financial Crimes Commission (EFCC) chair Nuhu Ribadu.

It is likely they go to court to challenge the government’s decision.

Their lawyer Femi Falana claimed yesterday that his clients’ rights were breached by the directive.

According to him, the directive violates section 38 (1) of the Constitution, Article 14 of the African Charter on Human and Peoples’ Rights and Article three of the Economic Community of West African States (ECOWAS) Protocol on Community Citizens ratified by Nigeria.

He said the decision taken when Ribadu and el-Rufai’s citizenship was not in question, was reminiscent of the days of military rule in the country, adding that even the military "never went this far."

In the statement entitled: "Illegal directive on renewal of passports of Messrs Nuhu Ribadu and Nasiru el-Rufai," Falana said under section 38 (1) of the Constitution, every citizen of Nigeria is entitled to possess a passport to enable him/her exit the country at will.

Falana described the government’s action as "a primitive display of executive lawlessness", urging it to "reverse the illegal and unconstitutional directive without any further delay."

"The decision is a tragic reminder of the dark days of brutal military dictatorship when the confiscation of the passports of political opponents, human rights’ activists and pro-democracy campaigners was the order of the day. Even then, none of the military dictators ever directed Nigerian missions not to renew the passports of their opponents.

He cited the case of Director, State Security Service (SSS) versus Olisa Agbakoba (1999) 6 NWLR (PT 595) 314 where the Supreme Court held: "It is not in dispute that the Constitution gives to the Nigerian citizen the right to move freely throughout Nigeria and to reside in any part thereof. It also guarantees to the citizen the right not to be expelled from Nigeria nor be refused entry thereto or exit therefrom.

" Section 38(1) of the Constitution which provides that every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.

"It is matter of common knowledge that for a Nigerian to travel out of Nigeria to another country he must first hold or possess a valid passport issued by the government of Nigeria. See: Section 4(1) of the Immigration Act, Cap 171 LFN 1990 and the definition of the word ‘passport’ in Section 51 thereof. Without this document, he cannot leave Nigeria or be admitted to another country.

"It follows therefore, that without a passport a citizen of Nigeria cannot exercise the right guaranteed him by the Constitution, of egress from Nigeria. Can it, then, be said that the right to hold a passport is not one guaranteed by the Constitution? That is a question that calls for determination in this appeal."

Falana said he subscribed to the apex court’s position that possession of a passport makes exit out of the country possible, adding that "it follows that without it a citizen of Nigeria cannot enjoy the right of egress from Nigeria given him by section 38(1) of the Constitution.

"In my respectful view, therefore, to hold or possess a passport is anciliary to the right of egress from Nigeria given in Section 38(1). It is, as rightly held by the Court below, per Ayoola JCA (as he then was), concomitant to the right of egress from Nigeria. It is a concomitant right without which the right of egress from Nigeria becomes hollow or empty.

"In the light of the foregoing, the decision of the Umaru Musa Yar’adua Administration to strip Messrs Ribadu and el-Rufai of Nigerian citizenship by denying them of their constitutional right to hold Nigerian passports is a dubious violation of the provision of Section 38 of the Constitution and Article 12 of the African Charter on Human and Peoples’ Rights.

"Having regard to the fact that President Yar’Adua is the current Chair of the Authority of Heads of State and Government of the ECOWAS, the denying of passports and their renewal is a clear violation of Article 3 of the ECOWAS Protocol on Community Citizens which has been ratified by Nigeria."