Nigeria has extensive migration policies on paper, aiming to manage both emigration and immigration effectively. These policies reflect Nigeria’s role as a significant migration hub in West Africa. They are designed to balance the benefits of migration with the need for security and orderly management of migratory flows. However, the implementation of these policies is often poor.
The implementation of migration policies in Nigeria has faced long-standing challenges such as resource constraints, institutional weaknesses, lack of coordination among stakeholders, and corruption. The government often takes a reactive rather than proactive approach to migration governance, crafting policies in response to immediate crises or external pressures rather than as part of a strategic, long-term vision.
This reactive approach leads to piecemeal and sometimes contradictory policies. For instance, the Expatriate Employment Levy, endorsed on 27 February 2024 by President Bola Ahmed Tinubu, was swiftly suspended a month later following backlash from businesses, trade unions, and other stakeholders. The lack of adequate consultation before the policy’s introduction highlights the coordination and foresight issues that hamper effective migration governance in Nigeria.
Internally, Nigeria faces significant migration challenges, both from forced migration and displacements and from citizens seeking opportunities abroad. Severe socio-economic disparities, high unemployment, political instability, and periodic conflicts, particularly in the north-east plagued by insurgency, contribute to large-scale internal displacements and forced migration. According to the United Nations Refugee Agency, Nigeria had over 3 million internally displaced persons by April 2024, with an estimated 2,305,335 in the north-east alone.
Many Nigerians seek better opportunities abroad, leading to a diaspora of skilled and semi-skilled professionals. This trend is often called the “japa” syndrome. As a researcher interested in international trade law, comparative regional integration, and development, I believe that the free movement of people is crucial for African integration and development. I am part of the New South Institute’s Migration Governance Reform in Africa program, which launched a study to improve migration management by easing movement and settlement across African borders.
My latest paper for the program, focusing on migration governance frameworks in Nigeria, is the fourth in the series. It highlights the interplay between regional and national migration policies, emphasizing Nigeria’s role in the Economic Community of West African States (ECOWAS). The study shows progress in legal frameworks and institutional policies aimed at enabling migration while addressing security and economic challenges. It underscores the importance of coordinated efforts and robust governance to improve the ease of movement and economic integration in the region.
Historically, Nigeria has experienced substantial inflows and outflows of people. Being a member of ECOWAS has facilitated this, with protocols allowing citizens to move between countries in the region without a visa, and granting them the right of residence and to set up businesses. These protocols have long been seen as a positive example of a free movement regime on the continent.
Domestically, Nigeria has made strides in migration governance, passing several laws and policies. These include the Immigration Act, immigration regulations, migration policy, and a new visa policy adopted in 2020. There are also policies to promote good governance of labor migration, protect displaced populations, ensure diaspora engagement, and combat human trafficking. However, the policies lack coherence, and there is poor implementation.
The introduction and withdrawal of the Expatriate Employment Levy is an example of this. The levy mandated businesses employing expatriates to pay $15,000 for a director and $10,000 for other workers. Although it had potential benefits like encouraging local content and skills transfer, it was not well planned. Similarly, laws and regulations such as the 2015 National Migration Policy and the 2014 National Policy on Labor Migration suffer from poor execution. These policies aim to protect the rights of Nigerians abroad and ensure orderly migration, but applying regional frameworks like the ECOWAS protocols at the national level lacks consistency, creating gaps in migration governance.
Nigeria has no legal framework directly addressing the ECOWAS protocols’ clauses on equality of treatment. Although it has introduced the ECOWAS travel certificate and common passport and created a revised national identity number to ease cross-border movement, the underlying migration laws and policies needed to support these initiatives are missing. The gaps result from insufficient funding and a lack of coordination among the many stakeholders involved in migration management.
Nigeria’s migration challenges have far-reaching implications, affecting its socio-economic development, regional stability, and international relations. The sizable diaspora contributes significantly to remittances but also represents a loss of skilled labor. The internal displacement crisis, fueled by conflict and economic hardship, strains resources and adds to socio-political tensions.
To address these challenges, Nigeria must be more proactive. This begins with seamless coordination among government agencies, the private sector, and civil society. Regular stakeholder consultations would help align policies with real-world needs. Adequate funding and specialized training for immigration officers are crucial for delivering efficient services. Robust data systems, backed by regular censuses and surveys, should inform policy decisions. Simplifying visa and work permit processes and ensuring transparency would create safe, legal migration pathways. Socio-economic reforms addressing unemployment, poverty, insecurity, and regional development would create sustainable livelihoods. Finally, honoring ECOWAS commitments and working with regional partners on common migration challenges would foster regional integration and stability.