…. denies asylum to fleeing Nigerian politician
A Canadian Federal Court has upheld a groundbreaking decision declaring Nigeria’s major political parties—the All Progressives Congress (APC) and Peoples Democratic Party (PDP)—as terrorist organizations, while rejecting the asylum claim of Douglas Egharevba, a former member with ties to both parties spanning over a decade.
In the ruling delivered on June 17, 2025, Justice Phuong Ngo dismissed Egharevba’s bid for judicial review after Canada’s Immigration Appeal Division (IAD) deemed him inadmissible under the security provisions of the Immigration and Refugee Protection Act (IRPA).
The Canadian government argued that the APC and PDP were deeply involved in political violence, electoral fraud, and acts of terror that inflicted widespread harm on Nigerians.
Mr Egharevba, who joined the PDP at its founding in 1999, left in 2007 when he defected to the APC, staying there until 2017.
He insisted that his personal record was untainted by the violence and manipulation that plagued Nigerian politics. Nonetheless, Justice Ngo ruled that the pervasive political violence linked to party members over several years made it impossible to separate the leadership from these actions.
“The conduct of individuals who are members of the PDP, including high-ranking officials, and those who committed political violence and intimidation on their behalf, is too widespread and persistent to dissociate the leadership of the party from their actions,” Ngo wrote.
Egharevba entered Canada in September 2017, disclosing his political affiliations during immigration screening. Authorities flagged his ties to the PDP and APC, citing international intelligence linking both parties to electoral misconduct and politically motivated killings.
The IAD specifically focused on the PDP’s record of violence during the 2003 state elections and 2004 local government polls, under the leadership of former President Olusegun Obasanjo and Vice President Atiku Abubakar. Evidence showed ballot stuffing, voter intimidation, and the killing of opposition supporters were rampant, with party leadership benefiting from these actions without intervening.
Justice Ngo affirmed that these acts met Canada’s definition of subversion of a democratic process under IRPA section 34(1)(b.1)—even without direct use of force.
Furthermore, the court upheld Canada’s broad interpretation of membership in proscribed organizations under IRPA section 34(1)(f), stating that mere affiliation during violent periods was sufficient for inadmissibility, regardless of personal involvement or integration into the party’s violent activities.
Egharevba argued that political violence was endemic across all Nigerian parties and that labeling the PDP’s actions as “subversion” was unfair, given Nigeria’s elections often fail to meet democratic standards.
However, the court rejected this claim, stating that even flawed elections constitute democratic processes under Canadian law, and undermining them for political gain qualifies as subversion.
This landmark judgment serves as one of the clearest pronouncements by a foreign court equating Nigeria’s ruling and former ruling parties with terrorist entities under international law. It underscores Canada’s stance that party membership abroad can justify exclusion if the organization is linked to terrorism or democratic subversion—even in the absence of a criminal record or personal acts of violence.
Justice Ngo refused to reinstate the original 2020 decision in Egharevba’s favor, ruling that even if the IAD’s conclusion had been unreasonable, the case would have been sent back for reconsideration rather than decided outright in his favor. With his asylum claim effectively dead, deportation proceedings are now expected to follow.