Controversy Erupts Over Senate’s Move To Amend NIMC Act, Allowing Non-Citizens To Obtain NIN

Leading opposition parties, some Civil Society Organisations (CSOs) and other prominent Nigerians have rejected the Senate’s bill to repeal the National Identity Management Commission Act, 2017, to make provision for registration of not just Nigerians but all other persons resident in Nigeria.

The Senate passed the bill for a second reading on July 2, 2024, without a serious debate even though it seeks to broaden the eligibility criteria for registration to include those who are not citizens of Nigeria.

Recall that the bill titled, ‘National Identity Management Commission (Repeal and enactment) Bill 2024 (SB. 472),” is sponsored by the Deputy President of the Senate, Barau I. Jibrin (Kano North).

The bill seeks to give persons resident in Nigeria the right to obtain and use National Identification Number (NIN) and utilise it as a recognised form of identification.

It also seeks to replace criminal penalties with administrative enforcement measures to encourage compliance with NIN usage requirements without imposing “undue legal consequences” on individuals.

A copy of the bill showed that apart from the controversial clause of inclusivity, universal coverage and broadening the eligibility criteria for registration, it also seeks the registration of registrable persons within Nigeria and at licensed centres outside Nigeria.

Part 1 (2) of the bill which is titled, ‘Application’, in subsection (1) says, “This Act shall apply to registration of registrable persons within Nigeria and at licensed centres outside Nigeria, and the management and operation of the National Identity Database and related matters.”

Subsection (2) says, “Without prejudice to (1), this Act shall apply whether or not an act qualifying as an offence or contravention of this Act is committed in Nigeria by any person, irrespective of nationality.”

Similarly, Part V1 (17) of the bill titled, ‘Registrable Persons’, says, “Every citizen and resident of the Federal Republic of Nigeria shall be entitled to obtain a National Identification Number by undergoing the process of enrolment in accordance with the provisions of this Act.”

Part V1 (18) titled, ‘Registration of Registrable Persons’ among other things provides that “The Commission shall take special measures to enrol, and issue National Identity Numbers to such persons who do not have any permanent place of residence and such other categories of individuals as may be specified by regulations.”

It also aims at establishing a National Identity Database and the National Identity Management Commission charged with the responsibilities of maintenance of the National Database, the registration of individuals, and the issuance of identity credentials, among others.

How it scaled second reading

Supporting the bill, Senator Cyril Fasuyi (Ekiti North) said it is aimed at enhancing the NIMC’s regulatory capacity for more effective oversight and regulation of the Nigeria ID System.

The lawmaker said, “The objectives of the bill are as follows: Expanding the scope of registrable persons by broadening the eligibility criteria for registration under the Nigeria ID System to ensure inclusivity and universal coverage.

“This allows all persons resident in Nigeria to obtain a National Identification Number (NIN) and utilise it as a recognised form of identification.

“Streamlining the sharing of personal data by incorporating robust data protection measures to not only safeguard the privacy and confidentiality of individuals’ data but also to foster trust among citizens in the landing of their information.

“Enhancing administrative enforcement powers. The efficiency and effectiveness of the NIMC’s enforcement powers will ensure timely and accurate compliance with ID registration requirements.’’

But opposition parties, CSOs and others who reacted in separate interviews told Daily Trust that the bill sponsored by a senator who is a member of the ruling party (APC) is suspicious, alleging it has a political undertone.

Move suspicious – PDP

The leading opposition People’s Democratic Party (PDP) has rejected the bill saying it is suspicious and of no economic value, especially at a time Nigerians are going through economic hardship.

The PDP Deputy National Publicity Secretary, Abdullahi Ibrahim, told newsmen that there are more important things the National Assembly can do to assuage the economic impasse facing the people than the issue of NIN.

“The Senate cannot think of people-oriented policies that will alleviate the suffering of the people, instead they are talking about things that are irrelevant at this point in time.

“Getting everyone including non-Nigerians to get NIN is suspicious. What is the motive? Why are they more concerned about this type of policy and giving it expeditious attention that it will even emanate from the Deputy Senate President? It leaves much to be desired.

“So as a party and people who are with the ordinary citizens and the voice of opposition, we are not in support; we do not see any sincerity in it,’’ he said.

It’s a wrong move – LP

Similarly, the Labour Party (LP) said the move by the Senate to amend the NIMC Act to ensure that all persons residing in Nigeria obtain a National Identification Number (NIN) should not be allowed to see the light of the day.

The Chief Spokesman of the Labour Party’s Presidential Campaign Organisation in the 2023 general election, Dr Yunusa Tanko, told Daily Trust in a telephone interview that the bill must be thrashed.

“You cannot register those who are not Nigerians as if they are citizens of Nigeria; that will be wrong. This is an issue of serious concern. That is where it will create controversies.

“It will be wrong if they are trying to adulterate our database with the identities of non-Nigerians. Are all persons resident in Nigeria, Nigerian citizens? No.”

It has a political undertone – Hon. Mikko

A former member of the House of Representatives and ex-governorship aspirant in Rivers State, Bernard Mikko, told Daily Trust in a telephone chat that the bill has a political undertone.

Hon. Mikko said, “It is wrong. It should be a resident permit which is temporary; not NIN which is permanent. There should be a clear distinction between a resident and a citizen of Nigeria.

“A citizen has an obligation and duty of taxation, cultural identity and all that, while residents do not. A citizen can vote and be voted for. Is the bill trying to say that aliens can vote in our country? These are the issues.

“The issue of universal coverage in the bill, universal being global, which means everybody irrespective of whether you are from Togo, Niger, Cameroon, should be de-emphasised.

“Let them not put any political undertone to rig elections. We have to define who is a Nigerian citizen so that we don’t bring people through our porous borders into Nigeria to come and compromise our already dwindling, collapsing infrastructure for planning.”

It’s a threat to Nigeria’s sovereignty – CSOs

Similarly, some CSOs have rejected the bill. The Executive Director, Resource Centre for Human Rights and Civic Education (CHRICED), Comrade Ibrahim Zikirullahi, said the move is a threat to Nigeria’s sovereignty, adding that the bill is a very sensitive issue that should be handled with utmost caution.

He warned the National Assembly not to hurriedly pass the bill without considering its larger implications.

“Taking a cue from what is obtainable in advanced countries of the world, Nigerians need to ask the proponents of the bill some critical questions before buying-in into the idea.

“First, does allowing foreigners the right to obtain the National Identification Number automatically confer on them full Nigerian citizenship, according to the proposed bill? If the answer is yes, then, we strongly believe that it is a step in the wrong direction.

“Because, no serious nation affords foreigners the privilege of just picking up its citizenship without going through some rigorous processes of due diligence.

“Second, the government needs to clearly spell out the procedures and requirements for obtaining the NIN by foreigners, and the limits of the rights and benefits accruing to foreigners who hold Nigeria’s National Identification Number.

“Third, before jumping into hasty passage of the law and its implementation, there is need for the government to tidy up its immigration policies, ensure that its land, air and sea borders are adequately policed and ensure that officers of the Nigerian immigration service and other relevant security agencies are fully alive to their responsibilities,” Zikirullahi said.

He said failure to put these measures in place before contemplating such a law will not only constitute a threat to Nigeria’s sovereignty, but is a recipe for aggravating the already precarious level of insecurity in the country.

A Senior Communications Officer at Yiaga Africa, Mr Mark Amaza, said, “We don’t believe it necessarily means that it will enable them to vote considering the fact that the constitution is clear on who is qualified to vote in Nigeria.

“We have the opinion that the law should also be amended to allow other forms of identity to be used to access the polls, not necessarily the voter card, considering how that has been problematic in the election.

“Many citizens have been disenfranchised from voting for lack of having a voter’s card for no fault of theirs. So, it’s also good that as this law is being debated, that this is also kept or put into consideration.”

However, speaking on the development, Mr Tunde Salman, the Team Lead/Convener of Good Governance Team (GGT) Nigeria, said, “I don’t see any problem in it, especially as INEC voters register is not linked to it.

“Now, with many ongoing initiatives by the President Bola Tinubu administration, such as student loans, consumer credits, and grants that will require background checks, I think there’s a need to think through the proposal to address whatever gaps identified in the existing NIMC legislation.”