Ugochukwu Anyiam: Undocumented Nigerians Face South Africa Airport Arrest

• South Africa-based Nigerian lawyer Ugochukwu Anyiam reported that undocumented Nigerians are being arrested at airports when attempting to voluntarily depart, even if they can afford their own tickets.
• Anyiam urged the Nigerian Federal Government to negotiate a blanket waiver with South African authorities to allow safe passage for these individuals.
• Eight batches of Nigerians have been evacuated, with five handled by the Federal Government and three by private organizations, including the Igbo Lawyers Association which sponsored 33 individuals.
• He called for increased evacuation flights, protection for Nigerians awaiting departure, and broader support from wealthy Nigerians and organizations.
• Anyiam rejected calls for Nigeria to retaliate against South Africa, stating it would not resolve the situation.

This situation creates a profound contradiction for Nigerian nationals who are encouraged to depart but then face arrest upon attempting to exit due to their immigration status.

A prominent Nigerian lawyer based in South Africa, Ugochukwu Anyiam, has highlighted a critical challenge facing Nigerian nationals seeking to leave the country amidst ongoing hostilities: the arrest of undocumented individuals at airports. Mr. Anyiam, who leads Anyiam Attorneys Inc. and serves as the outgoing president of the Igbo Lawyers Association, brought this issue to light during an appearance on the Arise News breakfast programme on Saturday. He emphasized that many Nigerians, despite possessing the financial means to purchase their own tickets and a desire to return home, are unable to do so due to procedural requirements that lead to their apprehension at the point of departure.

Mr. Anyiam articulated the inherent contradiction in this scenario, questioning the logic of encouraging individuals to leave a country only to arrest them at the exit point for their immigration status. He noted that thousands of Nigerians currently in South Africa wish to return home but are prevented by these circumstances. While acknowledging the South African government's right to enforce its immigration laws, he stressed the urgent need for a resolution to facilitate safe passage for these individuals.

In response to this predicament, Mr. Anyiam has urged the Nigerian Federal Government to engage in negotiations with South African authorities to secure a blanket waiver. This proposed waiver would allow undocumented Nigerian nationals who are willing and able to fund their own return journey to depart without fear of arrest at the airport. He underscored that the Nigerian government must actively participate in these discussions, informing their South African counterparts of the significant number of Nigerians desiring to leave voluntarily.

Beyond the immediate issue of airport arrests, Mr. Anyiam called upon the Federal Government to intensify its broader efforts to evacuate Nigerians affected by xenophobic attacks and to ensure the protection of those who choose to return independently. He commended the existing interventions by the Federal Government but asserted that more assistance is required to guarantee the safe exit of all affected individuals.

To date, eight batches of Nigerian nationals have been evacuated from South Africa. The Federal Government officially managed five of these operations, while the remaining three were sponsored or subsidized by private entities, including Air Peace, ValueJet Airlines, and the Igbo Lawyers Association. Notably, the Igbo Lawyers Association alone facilitated the evacuation of 33 Nigerians, demonstrating the significant role of non-governmental organizations in these efforts.

Mr. Anyiam characterized the situation as a humanitarian crisis, necessitating a collective response. He appealed to affluent Nigerians, businesses, and faith-based organizations to contribute to the ongoing evacuation initiatives, framing private sector involvement not merely as an obligation but as an opportunity to demonstrate solidarity with Nigerians caught in the crisis. He also firmly rejected calls for retaliatory measures against South Africa, arguing that such actions would not resolve the underlying issues and would diminish Nigeria's moral standing. Instead, he advocated for an increased number of evacuation flights and robust protection for Nigerians awaiting departure, shielding them from harassment.

Lawyers advising Nigerian clients in South Africa should note the risk of arrest for undocumented individuals attempting voluntary departure, and monitor potential negotiations for a blanket waiver from South African authorities to facilitate safe exit.

Source: Reporting based on an interview with Ugochukwu Anyiam.