THE ABUSE OF NIGERIAN VISA AND IMMIGRATION LAWS BY FOREIGN NATIONALS: IMPLICATIONS FOR LABOUR RIGHTS AND NATIONAL SECURITY

Abstract

This article examined the systemic exploitation of Nigeria’s visa and immigration laws by foreign nationals, highlighting threats to labor rights and national security. Nationals from Lebanon, China, India, Syria, and neighboring African countries often enter Nigeria on business visas but overstay or work illegally without residence or work permits, violating Sections 18(1) and 36 of the Immigration Act, 2015, and the Labor Act, 2004. Weak enforcement enables these practices, allowing migrants to exploit loopholes, bribe officials, or evade detection, despite statutory frameworks like the 2017 Immigration Regulations and the 1999 Constitution (as amended). From a labor perspective, undocumented foreign workers undercut local wages, displace Nigerian professionals in sectors like construction and hospitality, and bypass labor protections under the Pension Reform Act (2014), National Minimum Wage Act (2024), and NHIA Act (2022). This erodes fair labor practices and economic equity. Concurrently, lax immigration controls jeopardize national security: illegal migrants avoid biometric registration, facilitating smuggling, cybercrime, and trafficking. A 2025 Lagos court case, which forfeited $222,000 in digital assets tied to a foreign cybercrime syndicate, underscores these risks. Comparative case studies from South Africa, UAE, and Malaysia demonstrate how integrated biometric systems, inter-agency collaboration, and stricter enforcement curb such abuses. The article urged Nigeria to adopt similar reforms, recommending the creation of an Immigration and Labour Enforcement Unit (ILEU), a centralized foreign worker registry, public expatriate quota transparency, stricter employer sanctions, and enhanced inspector training. These measures aim to fortify immigration governance, safeguard labor markets, and mitigate security threats in a globalized context. Addressing these systemic gaps is critical to protecting Nigeria’s socio-economic interests and national sovereignty.