REGULATORY BODIES IN CHARGE OF IMMIGRATION POLICY AND PROCEDURE IN NIGERIA

REGULATORY BODIES IN CHARGE OF IMMIGRATION POLICY AND PROCEDURE IN NIGERIA

Immigration has to do with the process through which individuals become permanent residents or citizens of another country. The driving force of the Nigerian immigration is mainly statute which is further being supported by policy. The article gives an overview of Nigerian Authorities having impact on immigration policy and procedure in Nigeria, whether directly or indirectly. They are explained below:

THE NIGERIA IMMIGRATION SERVICE (NIS)

The Nigeria Immigration Service (NIS) is the principal body charged with responsibility for administering the Immigration Act of 2015. Section 2 of the Act provides the responsibilities of the Nigeria Immigration Service as follows:

control of persons entering or leaving Nigeria;

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

issuance of residence permits to foreigners in Nigeria;

border surveillance and patrol;

enforcement of laws and regulations with which it is directly charged;and

performance of such paramilitary duties within or outside Nigeria as may be required of it under the authority of the 2015 Act or any other enactment.

A combined reading of the Immigration Act of 2015 and Immigration Regulations of 2017 will offer express provisions regarding the structure and composition of the NIS. The head of the NIS is the Comptroller General. The Comptroller General and the Deputy Comptrollers General are to be appointed by the President from among serving officers in the NIS, on the recommendation of the Civil Defence, Fire, Immigration and Prisons Services Board, with the Board responsible for the appointment of assistant comptrollers general and comptrollers of immigration to assist the Comptroller General. The provisions also cater for the duties of officers in the NIS and the procedure for the appointment of other immigration officers.

THE FEDERAL MINISTRY OF INTERIOR

The Federal Ministry of Interior makes and executes policies related to border management. The Ministry serves as the supervising Ministry of the Nigeria Immigration Service. The Ministry is to ensure the maintenance of internal security and citizenship integrity for the promotion of good governance in Nigeria. The Minister of Interior leads the Ministry and he is in charge with responsibility for immigration, and assigned specific functions under the 2015 Act. At present, the Ministry is responsible for matters related to the granting of Nigerian citizenship and the granting of expatriate quotas, among other duties.

THE NIGERIAN INVESTMENT PROMOTION COMMISSION (NIPC)

The Commission was created in 1995 as a federal government agency created to promote, coordinate and monitor all investments in Nigeria, as well as to maintain liaison between investors and ministries, government departments and agencies, institutional investors and other authorities concerned with investment.

THE CORPORATE AFFAIRS COMMISSION (CAC)

The Corporate Affairs Commission enforces the provisions of the Companies and Allied Matters Act (CAMA), the major legislation that governs the incorporation, operation and regulation of the companies in Nigeria. Based on the provisions of the CAMA and their applicability on matters relating to foreign participation in enterprises in Nigeria, the Corporate Affairs Commission has an impact on the administration of the Immigration Act of 2015. THE SECURITIES AND EXCHANGE COMMISSION (SEC) The Securities and Exchange Commission administers the provisions of the Investment and Securities Act 2007 and issues guidelines on the regulation of foreign investment in the Nigerian capital market. All foreign investors investing in securities of Nigerian companies – except those of private companies – are expected to register with SEC. THE

FEDERAL INLAND REVENUE SERVICE

The Federal Inland Revenue Service is responsible for the collection of relevant corporate taxes as well as the individual state internal revenue services, which are responsible for the collection of personal income taxes of foreign employees working in Nigeria.

THE FEDERAL MINISTRY OF LABOUR AND PRODUCTIVITY (FMLP)

The Ministry is responsible for promoting employment, regulating the labour market, overseeing labour relations and monitoring employment conditions. An International Labour Migration Desk (ILMD) was established in 2004 within the Ministry to ensure the protection of employment and social rights of foreign migrant workers within the country, with a mandate – among other things – to establish a database on migrants within and outside Nigeria.

THE NIGERIAN CONTENT DEVELOPMENT AND MONITORING BOARD (NCDMB)

The Board was created under the Nigerian Oil and Gas Industry Content Development Act of 2010. Amongst others, the responsibilities of the NCDMB, as provided in Sections 31, 32 and 33 of the Nigerian Oil and Gas Industry Content Development Act, relates to the administration and management of applications for expatriate quotas, succession planning and the deployment of expatriates in the oil and gas industry.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY: CHAMAN LAW FIRM TEAM

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