Court to rule in February on husband consent for wives’ passport renewal

A Federal High Court in Ibadan has adjourned until Feb. 24 the hearing on a legal challenge against the Nigeria Immigration Service’s (NIS) policy requiring wives to obtain their husband’s consent before renewing their passports.

The suit also contests NIS’s practice mandating that children under 18 must secure their father’s approval before passport renewal, according to News Agency of Nigeria(NAN).

Justice Nkeonye Maha adjourned the case after the applicant’s counsel, Mr. Oguaba, informed the court that hearing notices had been served on respondents twice, first in May and later in October 2025.

Oguaba argued that the proceedings could continue without NIS’s presence, citing sections of the law, as the agency had been duly notified but opted not to appear.

Despite this, Justice Maha ruled that fresh hearing notices must be served to the respondents, prompting the adjournment. Alongside NIS, the Attorney-General of the Federation (AGF) is also named as a respondent in the matter.

The applicant, Mrs. Chibuzo Oguaba, through her husband and legal counsel, argued that the policy violates Section 42 of the 1999 Constitution (as amended), which prohibits discrimination based on sex, circumstances of birth, and other grounds.

“The applicant sought to renew her passport and those of her children. At the immigration office in Ibadan, the passport controller insisted she obtain her husband’s consent despite presenting all other required documents. The children were similarly asked to get their father’s consent. We consider this discriminatory,” Oguaba told the court.

Recall that in October 2024, Nairametrics reported on a similar controversy involving the National Drug Law Enforcement Agency (NDLEA), which introduced a requirement for married women seeking visas to present a letter of approval from their husbands.

The stipulation, part of the NDLEA’s updated visa requirements, sparked widespread debate over gender equality and individual autonomy. Critics highlighted that such rules, including the need for passport photographs, reflect outdated views on women’s rights and independence, potentially restricting their freedom to travel.

The case has drawn attention to gender-based restrictions within Nigeria’s passport issuance processes, sparking debate on the balance between administrative procedures and constitutional rights.

This note that if the court rules in favour of the applicant, it could set a precedent challenging discriminatory practices against women and minors in accessing essential government services.

The hearing will resume on Feb. 24, 2026, when the court is expected to consider submissions from both sides and determine whether the current NIS policy aligns with constitutional protections against discrimination.

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