1. General
Referencing a book on Nigeria published in 2011 by John Campbell, a former US ambassador to Nigeria, the UK Border Agency Country of Origin Information Service writes "Benin City [South of Nigeria] is a center of the engraving industry, and practically any falsified document can be procured there, from birth certificates to diplomas" (UK 14 June 2013).
2. Laws
In correspondence with the Research Directorate, a representative of the Nigeria Police Force Special Fraud Unit indicated that the Penal Code and the Criminal Code are respectively used in Northern and Southern Nigeria to address issues of fraud and false documents (Nigeria 19 Oct. 2013). Chapter 31 of the Penal Code deals with fines and imprisonment that can result from using and producing false coin and notes (ibid. 1960). Chapters 43, 44 and 45 of Division 3, Part 6, of the Criminal Code deal with forgery, including of bank notes, documents and seals (ibid. 1990).
Concerning the implementation of laws that deal with fraudulent documents, the representative of the Nigerian Police Special Fraud Unit indicated that the "laws [in the North and South of Nigeria] are there, but the interpretation has not been effective as the courts do not strictly go by the provision of the appropriate section" (Nigeria 17 Oct. 2013). Further, the representative noted that
the Special Fraud Unit [and] the Police force [have] a legal section that effectively prepares charges using the appropriate sections of the law .... The Special Fraud Unit and the Police do gain prosecution in various law courts ... [but] ... corruption has not allowed [the Nigerian] judicial system to function effectively." (ibid. 19 Oct. 2013)
The representative explains that "the courts are not effectively applying the measures as provided by the law due to corruption and tribal sentiments" (ibid. 17 Oct. 2013). He said that even if arrests are made and investigations are carried out by the Nigerian Police Special Fraud Unit, "the guilty party/parties will walk away unpunished" (ibid.). The representative experienced first-hand that "the law enforcement officer will come under heavy attack as their life and that of their immediate family will be frequently threatened" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. National Identity Numbers and Cards
In 2007, the government of Nigeria adopted the National Identity Management Commission (NIMC) Act establishing the NIMC, the National Identity Database, and the National Identification Number (NIN) (ibid. 2007, 3). The NIN
is a non-intelligent set of numbers assigned to an individual upon successful enrollment. Enrollment consists of the recording of an individual's demographic data and capture the ten (10) fingerprints, head-to-shoulder facial picture and digital signature, which are all used to cross-check existing data in the National Identity Database to confirm that there is no previous entry of the same data. (ibid. 2007, 6)
Once the NIN is issued, the number cannot be used again and an "Identity Card will be processed and delivered ... within one (1) month" (ibid., 8). The NIMC allows every citizen from the age of 16 years and above and legal residents to enrol for a NIN (ibid.).
According to Codewit World News (CWN), a "website that encourages citizen journalists to report ongoing corruption and government malfeasance in Africa" (CWN n.d.), the NIMC has established enrollment centres for national identity cards across Nigeria and is expanding to the 774 local government areas, and mobile enrollment service vehicles have been procured to serve people living in rural areas (ibid. 29 July 2013).
In October 2013, the President of Nigeria ordered the NIMC to ensure that all Nigerians are registered in the National Identity Database by the end of December 2014 (Nigeria Communications Week 18 Oct. 2013; Vanguard 18 Oct. 2013). The same month, the President inaugurated the Smart Identity Card program and the corresponding registration system (APP 20 Oct. 2013; The News International 21 Oct. 2013; The Express Tribune 21 Oct. 2013). The Smart Identity Cards contain biometric enrollment data, including facial data and fingerprints to comply with international standards (The News International 21 Oct. 2013; The Express Tribune 21 Oct. 2013). According to the Pakistani newspaper Express Tribune, the cards are tamperproof and secure (ibid.).
4. Passports
The BBC reported on 9 August 2007 that the Nigeria Immigration Service (NIS) was introducing a chip-based e-passport to reduce growing cases of forgery and identity theft. The e-passport reportedly prevents duplication of documents (BU 19 Nov. 2012; The Punch 18 Nov. 2012). According to the BBC, the e-passport's embedded microchip stores personal information and biometric data "making it impossible to tamper with" (9 Aug. 2007).
According to the Nigerian online newspaper The Punch, Nigeria began issuing e-passports to Nigerians from the diaspora in 2011 (18 Nov. 2012). The same source reports that in 2012, the government of Nigeria was reportedly concerned about the "increasing" number of lost e-passport claims that were submitted by Nigerians from the diaspora (The Punch 18 Nov. 2012). Nigerian media reported that the Permanent Secretary of the Ministry of Interior said in an interview with the News Agency of Nigeria that the loss of e-passports is "one of the major problems [they] are having; it forms 90 per cent rejection of [passport] applicants" (BU 19 Nov. 2012; The Punch 18 Nov. 2012). The Permanent Secretary added that if someone loses his or her passport, they "'must convince the officials before it can be re-issued'" (ibid.). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5. Government Initiatives to Detect of Fraudulent Documents
The Nigeria Immigration Service (NIS) stated it established a forensic laboratory for the examination of travel documents and monetary instruments (Nigeria n.d.). The lab's personnel were trained "locally and internationally on document fraud detection and techniques" (ibid.). Similarly, the Nigerian newspaper This Day reported that the Nigerian Customs Service (NCS) has created a forensic unit "to address the rising cases of customs documents forged" (13 Sept. 2013). The forensic unit personnel are trained in Nigeria and overseas (This Day 13 Sept. 2013). Media sources reported that this unit is called the Federal Operations Unit (FOU) (ibid.; Human IPO 13 Sept. 2013; Daily Trust 9 Sept. 2013). Information on the effectiveness of these forensic units could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
6. Reports of Fraudulent Documents in Nigeria
According to the Nigerian newspaper Vanguard, seven persons were arrested between December 2010 and April 2011 for immigration offences, ranging from forgery of Nigerian passports to illegal possession of passport data pages (14 June 2011). According to Australian Broadcasting Company News (ABC News), a Nigerian man was arrested on 15 August 2013 in Nigeria when collecting documents using a forged driver's licence in connection with the attempted sale of a home in Western Australia based on a stolen identity (16 Aug. 2013). According to the Nigerian newspaper Daily Trust, customs operatives from the Federal Operations Unit arrested seven persons in Nigeria [in September 2013] for "selling fake vehicle auction documents to members of the public" (9 Sept. 2013). The Nigerian Sun News reported that these individuals held "fake bank tellers and other restricted documents" (7 Sept. 2013).
On 13 September 2013, This Day reported that seven persons, who specialized in forging and falsifying NCS documents, were arrested in Lagos after a raid by the NCS. They were reported to be found with fake seals, blank original copies of auction sale/allocation of goods, fake exit permit stamps for customs, blank bank tellers, and photocopies of original customs documents (This Day 13 Sept. 2013). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
7. Reports of Nigerian Fraudulent Documents Used Internationally
Frontex, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (EU), reported that "[n]early half of all detections of false-document users [attempting to enter the EU] were of nationals from just five countries - Ukraine, Albania, Morocco, Iran and Nigeria" (2012, 26). According to Frontex statistics, between 2009 and 2011, 6.2 percent of people who were denied entry in the EU at an air border (via plane) because they were holding a false visa were Nigerians (2012, 54).
Fraudulent documents from Nigeria or Nigerians in possession of fraudulent documents abroad have been reported by the media in the following instances:
In 2008, the Netherlands dismantled a Nigerian "human trafficking business based on travel documentation that provides false identity" (Frontex Dec. 2010, 15, 27). Young girls were recruited in Nigeria, signed a contract recognizing they incurred a debt of USD 50,000 by travelling, and were given "authentic travel documents, bearing fake identities, issued by corrupt Nigerian officials" to travel to the Netherlands (ibid., 27, 28). Upon arrival, they "were transported to the place of employment, which most usually implied prostitution" (idid., 28). Similarly, on 1 July 2010, Jane's Intelligence Review noted the involvement of Nigerian individuals in human trafficking, prostitution, and providing fraudulent documents in the Netherlands.
The news website Modern Ghana reported that nine Nigerians were arrested in China on 6 May 2009 in a raid against a fraudulent passport ring (16 May 2009).
On 11 October 2011, the Press Trust of India reported the arrest of a Nigerian in Ahmedabad, India, for leading "an international racket that used to send people to foreign countries using fake passports and visa documents."
A representative of the Nigeria Police Special Fraud Unit referenced the case of a Nigerian posing as a medical doctor who produced fraudulent medical bills to scam a Canadian-based medical insurance company and who is currently serving a jail term of four years (Nigeria 17 Oct. 2013). This case happened in May 2013 (ibid. 19 Oct. 2013). Media sources reported that the pretended doctor was arrested by the Special Fraud Unit after providing a Nigerian living in Canada with fraudulent medical bills (The Punch 18 Mar. 2013; The Nation 18 Mar. 2013; Vanguard 18 Mar. 2013).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Associated Press of Pakistan (APP). 20 October 2013. "Nigerian President Opens National Identity Card System Developed by NADRA." <http://www.brecorder.com/top-news/109-world-top-news/140799-nigerian-president-opens-national-identity-card-system-developed-by-nadra.html> [Accessed 25 Oct. 2013]
Australian Broadcasting Company News (ABC News). 16 August 2013. "Man Arrested in Nigeria over Attempted Real Estate Fraud in Western Australia." <http://www.abc.net.au/news/2013-08-15/arrest-in-nigeria-over-real-estate-fraud/4890178> [Accessed 27 Sept. 2013]
Biometric Update (BU). 19 November 2012. Adam Vrankulj. "Nigerian Interior Ministry Warns of Increase in Claims of Lost e-Passports." <http://www.biometricupdate.com/201211/nigerian-interior-ministry-warns-of-increase-in-claims-of-lost-e-passports> [Accessed 27 Sept. 2013]
British Broadcasting Corporation (BBC). 9 August 2007. "E-passport to Check Nigeria Fraud." <http://news.bbc.co.uk/2/hi/6938757.stm> [Accessed 27 Sept. 2013]
Codewit World News (CWN). 29 July 2013. Friday Olokor. "Nigeria: The National Identity Management Commission Establishes Registration Centres Nationwide." <http://www.codewit.com/business-news/10252-nigeria-the-national-identity-management-commission-establishes-registration-centres-nationwide> [Accessed 29 Oct. 2013]
_____. N.d. "About Codewit World News." <http://www.codewit.com/policies/4108-about-codewit-world-news> [Accessed 31 Oct. 2013]
Daily Trust [Abuja]. 9 September 2013. Eugene Agha. "Nigeria: Seven Arrested Over Sale of Fake Customs Documents." <http://allafrica.com/stories/201309100156.html> [Accessed 8 Oct. 2013]
The Express Tribune [Pakistan]. 21 October 2013. "Offshore Project: Nigeria Adopts NADRA System." <http://tribune.com.pk/story/620220/offshore-project-nigeria-adopts-nadra-system/?print=true> [Accessed 25 Oct. 2013]
Frontex, European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. 2012. Risk Analysis Unit. Annual Risk Analysis 2012. <http://frontex.europa.eu/assets/Attachment_Featured/Annual_Risk_Analysis_2012.pdf> [Accessed 27 Sept. 2013]
_____. December 2010. Risk Analysis Unit. Unaccompanied Minors in the Migration Process. <http://www.frontex.europa.eu/assets/Publications/ Risk_Analysis/Unaccompanied_Minors_in_Migration_Process.pdf> [Accessed 27 Sept. 2013]
Human IPO. 13 September 2013. Paul Adepoju. "Nigerian Customs Service Tackles Internet Fraudsters." <http://www.humanipo.com/news/32040/nigerian-customs-service-tackles-internet-fraudsters/> [Accessed 26 Sept. 2013]
Jane's Intelligence Review. 1 July 2010. "Window Dressing - The Netherlands' Sex Trade." <https://janes.ihs.com/CustomPages/Janes/DisplayPage.aspx?DocType=News&ItemId=+++1196014&Pubabbrev=JIR> [Accessed 27 Sept. 2013]
Modern Ghana. 16 May 2009. Emmanuel K. Dogbevi. "Ghanian, Nine Nigerians Arrested for Processing Fake Passports in China." <http://www.modernghana.com/news/216763/1/ghanaian-nine-nigerians-arrested-for-processing-fa.html> [Accessed 27 Sept. 2013]
The Nation [Lagos]. 18 March 2013. Jude Isiguzo. "'Fake' Medical Doctor Arrested." <http://thenationonlineng.net/new/fake-medical-doctor-arrested/> [Accessed 21 Oct. 2013]
The News International [Pakistan]. 21 October 2013. Shakeel Anjum. "Nadra Completes Another International Task." <http://www.thenews.com.pk/Todays-News-6-209250-Nadra-completes-another-international-task> [Accessed 25 Oct. 2013]
Nigeria. 19 October 2013. Nigeria Police Force, Special Fraud Unit. Correspondence from a Police Liaison Officer with Embassies and High Commissions in Nigeria to the Research Directorate.
_____. 17 October 2013. Nigeria Police Force, Special Fraud Unit. Correspondence from a Police Liaison Officer with Embassies and High Commissions in Nigeria to the Research Directorate.
_____. 2007. National Identity Management Commission (NIMC). The National Identity Management System (NIMS). <http://www.nimc.gov.ng/reports/nims_handbook.pdf> [Accessed 25 Oct. 2013]
_____. 1990. Criminal Code Act. <http://www.nigeria-law.org/Criminal%20Code%20Act-Tables.htm> [Accessed 25 Oct. 2013]
_____. 1960. Penal Code (Northern States) Federal Provisions Act. <http://www.placng.org/lawsofnigeria/node/486> [Accessed 25 Oct. 2013]
_____. Nigeria Immigration Service (NIS). N.d. "History of the Nigeria Immigration Services." <http://www.immigration.gov.ng/index.php?id=3> [Accessed 26 Sept. 2013]
Nigeria Communications Week. 18 October 2013. "All Nigerians to Get NIN by Dec 2014." <http://www.nigeriacommunicationsweek.com.ng/e-business/all-nigerians-to-get-nin-by-dec-2014> [Accessed 25 Oct. 2013]
Press Trust of India (PTI). 11 October 2011. "Nigerian National Arrested for Running Fake Passport Racket." <http://www.moneycontrol.com/news/wire-news/nigerian-national-arrested-for-running-fake-passport-racket_597563.html> [Accessed 27 Sept. 2013]
The Punch. 18 March 2013. Comfort Oseghale. "Fake Doctor Arrested for N89m Health Insurance Scam." <http://www.punchng.com/metro/fake-doctor-arrested-for-n89m-health-insurance-scam/> [Accessed 21 Oct. 2013]
_____. 18 November 2012. "E-passport: Interior Ministry Cautions Nigerians in Diaspora." <http://www.punchng.com/news/e-passport-interior-ministry-cautions-nigerians-in-diaspora/> [Accessed 27 Sept. 2013]
Sun News [Lagos]. 7 September 2013. "Customs Arrests Forgers of Govt Certificates, Seals." <http://sunnewsonline.com/new/national/customs-arrests-forgers-of-govt-certificates-seals/> [Accessed 8 Oct. 2013]
This Day [Lagos]. 13 September 2013. John Iwori. "Customs Sets Up Forensic Unit, Nabs 7 for Forgery." <http://www.thisdaylive.com/articles/customs-sets-up-forensic-unit-nabs-7-for-forgery/158883/> [Accessed 26 Sept. 2013]
United Kingdom (UK). 14 June 2013. Home Office. Country of Origin Information (COI) Report: Nigeria. <http://www.ukba.homeoffice.gov.uk/sitecontent/ documents/policyandlaw/coi/nigeria/report-06-1121.pdf?view=Binary> [Accessed 25 Oct. 2013]
Vanguard [Lagos]. 18 October 2013. Ben Agande. "Jonathan Orders NIMC to Register All Nigerians by Dec, 2014." <http://allafrica.com/stories/201310180162.html> [Accessed 25 Oct. 2013]
_____. 18 March 2013. Evelyn Usman. "Police Foil Attempt to Defraud Canadian Govt of N89.9m." <http://www.vanguardngr.com/2013/03/police-foil-attempt-to-defraud-canadian-govt-of-n89-9m/> [Accessed 21 Oct. 2013]
_____.14 June 2011. Ifeanyi Okolie and Ezeah Nnenna."Immigration Arrain 7 Persons for Forgery, Unlawful Possession of Passport and Trafficking." <http://www.vanguardngr.com/2011/06/immigration-arraign-7-persons-for-forgeryunlawful-possession-of-passport-and-trafficking/ > [Accessed 27 Sept. 2013]
Additional Sources Consulted
Oral Sources: Attempts to contact the following persons and organizations were unsuccessful: Canadian High Commission in Nigeria; Frontex; Interpol; Nigeria – Consulates general of Nigeria in Altanta and New York, Economic and Financial Crimes Commission, Ministry of the Interior, Nigeria Customs Service, Nigeria High Commission in Ottawa, Nigeria Immigration Service, Nigeria Police Force, Nigerian embassies in Brussels and Washington.
Internet sites, including: Africa Confidential; Canadian Border Services Agency; ecoi.net; Europa World Plus; Factiva; The Guardian; Nigeria – Nigeria Customs Service, Nigeria Police Force Special Fraud Unit, Ministry of the Interior; Norway – Country of Origin Information Centre (Landinfo); United Kingdom – Border Agency; United Nations – Refworld; United States – Department of State, Overseas Security Advisory Council.