Justice Obiora Egwuatu of the Federal High Court Abuja, has dismissed a suit by the leader of the Islamic Movement of Nigeria, Sheikh Ibrahim El-Zakzaky and his wife, Zeenah in which they sought to compel the National Immigration Service (NIS) to issue them international passports.
Delivering Judgement, Justice Egwutu held that the applicants did not provide sufficient evidence to show that their passports were either seized, destroyed, lost or the relevant agency was unwilling to reissue them another one.
Justice Egwuatu held that from the position of the applicants, it was not shown that it was the Immigration Service who took their passports, but rather that the passports were destroyed or lost in 2015 when their residence was attacked by security operatives.
He subsequently dismissed the suit.
El-Zakzaky and wife had in January 2022 filed the fundamental rights reserved enforcement suit against the immigration service and its Comptroller General for alleged refusal to issue new international passports to them.
They prayed the court to enforce their rights enshrined in the Nigerian constitution and the African Charter on Human and Peoples Right.
They equally urged the court to declare that the alleged refusal of the NIS to process their travel documents to enable them travel abroad for medical treatment was illegal, unconstitutional, null and void.