In June 2023, Abubakar Giza, a Chieftain of the All Progressives Congress (APC) in Nasarawa State, filed a lawsuit against the U.S. government after his EB-5 visa application was denied. Giza, who planned to relocate to the United States with his family, expressed frustration over the prolonged administrative processing of his application, prompting him to take legal action. However, on August 27, 2024, a U.S. District Court in Washington D.C. dismissed his case.
Giza, a former federal civil servant and a potential candidate for the 2027 gubernatorial election in Nasarawa State, submitted his EB-5 visa application with hopes of moving his family to the U.S. The EB-5 visa program offers residency to foreign nationals who invest in American businesses that create at least 10 jobs for U.S. citizens or residents.Giza’s visa application was initially approved in June 2022 by the United States Citizenship and Immigration Services (USCIS), and the case was transferred to the U.S. Consulate in Lagos for further processing. His family, including his wife Kande, and their children, Abba, Zainab, and S.A.G., were part of the visa process. Abba and Zainab had previously studied and worked in the U.S., while S.A.G. had recently been admitted to Texas Southern University. In February 2023, the Giza family attended an interview at the U.S. Consulate in Lagos, where they were informed that their visas would be approved within four weeks.However, shortly after the interview, Giza’s visa was placed on administrative processing, a move that further delayed the process. On March 20, 2023, the U.S. government informed Giza that his visa had been temporarily refused and would remain under review.
Frustrated by the delay, Giza filed a lawsuit against U.S. Secretary of State Antony Blinken and U.S. Consul General in Nigeria Will Stevens, accusing the government of unlawfully delaying the final decision on his application. He argued that the delay had caused harm to his family, including interruptions in their education and career prospects.
The U.S. government responded by requesting the case be dismissed, citing that the administrative processing of the visa was within reasonable time limits. They argued that the delays were necessary to gather additional information and ensure the family’s eligibility for the visa.On August 27, 2024, Judge Christopher Cooper ruled in favor of the U.S. government, dismissing Giza’s lawsuit. The judge found that the 17-month delay was not unreasonable, especially in the context of similar immigration cases. He noted that delays of five to seven years are generally considered excessive, but shorter delays fall within acceptable timeframes. The court also expressed concern that granting Giza’s request would disadvantage other applicants facing similar delays.
Giza’s legal battle highlights the growing “Japa” trend among Nigerians, where citizens seek better opportunities abroad. The term “Japa,” derived from the Yoruba language, means “run away” and has become a symbol of the increasing migration of Nigerians, particularly young people, to countries like the U.S., Canada, and the UK. While younger Nigerians often pursue academic or professional pathways for migration, wealthier and politically connected individuals like Giza explore more exclusive options, such as the EB-5 visa.
As Nigeria continues to face challenges such as economic instability, underfunded healthcare, and inadequate educational systems, migration has become an attractive option for many. For affluent and influential Nigerians, the desire to seek stability and better prospects for their families often drives them to explore opportunities abroad, contributing to the ongoing “brain drain” in critical sectors like healthcare and education.
