CAN THE BRITISH HIGH COMMISSION SEIZE A NIGERIAN PASSPORT??

This Post is a raging storm in Nigeria, vis a vis visa applicants and especially the respected British High Commission. The poser is can any embassy or High Commission in the world seize an American or a British passport or even a South African Passport?? They dare not!! Then why treat Nigerian applicants with disdain and utter dusigust? The British High Commission Abuja and Lagos is guilty of this unlawful parody!

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Does the Nigerian Constitution gives any right whatsoever to any Foreign Embassy of High Commission in Nigeria to seize an applicants international passport? Nigerian passport belongs to Nigerians. Embassies have no right to seize or withhold an applicants passport. The best recourse is for the Embassy to cancel their visa or refuse the application. THE PASSPORT MUST BE RETURNED TO THE APPLICANT. No exception to the rule!

The Nigerian government must intervene. The government called South Africa to order and Nigerians rejoiced, same must be done to all Embassies doing the right thing in a wrong manner. It is becoming an absolute power.

Does any International treaty accord any Embassy or Foreign Mission in Nigeria the absolute right to seize an applicants international passport? It is not supported by any law or convention anywhere in the world but Embassies in Nigeria have now turned it into a daily practise. IT IS UNLAWFUL.

Is the Nigerian Immigration Service doing enough to protect the interest of Nigerians at the hands of Embassies and Foreign Missions? Your guess is as good as mine! Nigerians are poor folks. Improvised by the government, abandoned by the State and unwittingly and wantonly treated by Embassies and Missions all because the government leaves Nigerians exposed and vulnerable.

The British High Commission Abuja and Lagos are guilty of this unlawful parody! No Immigration Directorate Instructions state you must seize an applicants passport! No Immigration rule supports the seizing of an applicants passport! No Act of Parliament mandates the seizure of an applicants passport. No Parliamentary Bill, UN Convention or Treaty gives you the right to seize an applicants passport! Your recourse is to ban the applicant for 10 years or cancel the entry clearance! THIS ACT MUST STOP FORTHWITH.

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PLEASE READ THE STORY OF MR MUSTAPHA SAKIRUDEEN ABIOLA like many others!
I applied for an entry clearance into the United Kingdom in December 28th 2012 but my application was refused on the ground that there was a doubt as to the genuity of a Nigerian Immigration stamp on my passport. It was stated on the notice of immigration decision referenced RE-LAG/5379000-Mustapha Sakirudeen Abiola Passport No A01725257 that my passport had been sent to the Nigerian Immigration service department for further verification.

I have written several letters to the Nigerian Immigration Services apart from several phone calls and personal visits to various offices to ensure that the matter is resolved because I am sure that I am not guilty of the allegation as all the stamps and documents submitted with my application are genuine.

I was informed by all the top officers and staff in the documentation department that my international passport or any passport whatsoever was sent from the United Kingdom Embassy since last year. Some of the departments I went to are as follows: DFU, ACG, DCG, &CGIS.

I even went to the foreign affairs twice to get my pas port and I was told that ordinarily the such passport ought to be sent to the foreign affairs from where it would be transferred to the Nigerian Immigration Services but that the UK Embassy rarely follow the procedures. Moreover, while at the foreign affairs ministry, I called the UK Embassy to inquire about my passport since it was not at the place it was said to have been sent but I was simply directed to send a mail which I did.

A copy of the e-mail sent is hereby attached. But up till now the UK Embassy is still insisting that the passport is at the Nigerian Immigration Services and when I requested for the dispatch note in order to know the officer that received the passport at the destination together with the date and time of the receipt, the officer simply told me that she cannot give me such information immediately that I should call back. But the next time I called the UK Embassy, I was simply directed to go and get a new passport.

I am well aware of the provisions of the Diplomatic Immunities and Privileges Act and the numerous judicial pronouncements that have emphasized the fact that one cannot sue a sovereign- authority or its agents outside the shores of their territories, I am merely appealing to commons sense and principle of fear hearing.

The seizure of my passport had caused me a lot of damages which cannot be remedied at all. The UK Embassy had no right whatsoever to withhold my international passport.

While every applicant for entry clearance knows that the Embassy has discretion to grant or refuse visa and obviously consent to same, it cannot be said that applicant consent to his or her international passport to be withheld or lost without apology from the Embassy.

I hereby appeal to you to use your good offices to ensure justice is done in my case. It is either UK Embassy releases my passport if it is still with them (as I am convinced it is) or they should give me details that would facilitate my ability to retrieve the said passport.

The fact is that an injury to one is an injury to all. If the UK embassy is allowed to just withhold applicants’ international passport without any consequences as permitted by the law, then one day same will be done by all Embassies and very soon even the political office holders who seem to care less will become victims too. I hope you will give this letter the urgency it requires.

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 (Excerpts from NGERIAN TRIBUNE)