The Immigration Act was amended in 2015 substantially overhauling the 1963 Immigration Act which had, for all intents and purpose, become obsolete and unfit for purpose. The amended Act introduced several new concepts including the establishment of the Nigeria Immigration Service (“NIS”), specifying its functions and responsibilities and the various visa types available for persons, other than Nigerians seeking entry into Nigeria.
The 2015 Act has been well-received and its provisions considered to be in conformity with global best practices with the aim of positioning the Nigeria Immigration Service for better efficiency. However, there is the contention in some quarters that certain provisions of the 2015 Act creates a loophole that might be exploited by companies seeking expatriate quotas -at least that is the assertion of the proponent of the 2016 Bill to amend the Act.
The proponents of the 2016 Bill are of the view that the 2015 Act, particularly section 38(4) which makes provision for the employment of foreigners in Nigeria, is not far reaching enough to curb unemployment of Nigerians as it grants the Minister of Interior powers to exempt certain persons from the application of the section. This raises the concern that the Minister’s power may be abused and jobs that could and should go to Nigerians (Nannies, artisans, tillers, pilots & marines) may arbitrarily be given to foreigners. In the words of Honourable Femi Gbajabiamila, the sponsor of the 2016 Bill, “[m]ost of our top hotels in Nigeria are managed by foreigners, yet we have Nigerians who are professionally qualified to do same. It is not unusual and is even normal to see Chinese labourers on construction sites”.
It is on this premise that the 2016 Bill, which seeks to restrict the issuance of work permit to foreigners, is hinged. The amendment seeks to delete the provisions of Section 38(4) of the 2015 Act and insert a new section 38(4) with the following provisions “Notwithstanding any other provision in this section, this Act or in any other enactment, no foreign national shall be granted a work permit in Nigeria unless the employer(s) has shown to the Comptroller General of Immigration that the has sought applications from qualified Nigerians in that same position for which the foreign national/expatriate is being employed and no Nigerian possesses the requisite knowledge or is willing to work in that area of specialization of interest”.
Understandably there are divergent views on the propriety or otherwise in seeking to amend the 2015 Act, which is still in its infancy, and the import of the proposed amendment considering the increasing global integration of businesses. Some of the dissenting voices are of the opinion that the amendment may run contrary to some treaties and conventions to which Nigeria is a signatory such as the ECOWAS treaty which seeks to guaranty the free movement of goods and persons across West Africa and such a protectionist provision, if passed by the National Assembly, may be seen as a breach of this protocol.
August 2016