In a groundbreaking decision, the Federal Court of Canada has upheld a tribunal ruling declaring Nigeria’s two dominant political parties, the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), as terrorist organisations under Canadian immigration law.
The ruling also affirmed the rejection of asylum for Douglas Egharevba, a former member of both parties.
Justice Phuong Ngo, in a judgment delivered on June 17, 2025, dismissed Egharevba’s request for judicial review after the Immigration Appeal Division (IAD) deemed him inadmissible under Canada’s Immigration and Refugee Protection Act (IRPA).
According to documents obtained by Peoples Gazette, the Canadian Minister of Public Safety and Emergency Preparedness argued that both parties were responsible for widespread political violence, electoral fraud, and acts of terror that undermined democracy in Nigeria.
Egharevba, who was a founding member of the PDP in 1999 and later defected to the APC in 2007, remained with the latter until 2017.
Although he claimed he had no personal involvement in any violent or subversive acts, Justice Ngo rejected that argument.
“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 over too great a period of time to dissociate the leadership of the party from their actions,” the judge wrote.
Egharevba entered Canada in September 2017, disclosing his political background in immigration forms.
During a 2018 interview with the Canada Border Services Agency, he confirmed his affiliations with both parties.
Based on intelligence reports and international findings, Canadian immigration officials raised red flags about his long-term association with groups linked to electoral violence and political killings.
The IAD’s primary focus was the PDP’s violent record during the 2003 state elections and 2004 local government elections, particularly under the administration of President Olusegun Obasanjo and Vice President Atiku Abubakar.
Evidence revealed PDP operatives engaged in ballot stuffing, voter intimidation and assassinations of opposition figures.
Although the Immigration Division had initially ruled in Egharevba’s favour in 2020, citing insufficient proof that the party leadership orchestrated violence, that decision was overturned on March 25, 2024, following an appeal by the minister based on new evidence.
The IAD ultimately concluded that the PDP had engaged in both subversion and terrorism, and that mere membership in such an organisation, even without personal involvement, was grounds for inadmissibility under Canadian law.
Justice Ngo reaffirmed Canada’s interpretation of “membership” under Section 34(1)(f) of the IRPA, noting that the law does not require proof of active participation or a leadership role.
“An admission of membership in an organisation is sufficient… regardless of the nature, frequency, duration or degree of involvement,” she wrote.
Egharevba argued that all major Nigerian parties, not just the PDP or APC, had histories of political violence.
He also said that calling their actions “subversion” was unfair, given that Nigeria’s electoral system does not meet Canadian democratic standards. But Justice Ngo rejected this view.
“Even flawed Nigerian elections constitute a democratic process under Canadian law,” she noted, adding that undermining such a system for political advantage fits the legal definition of subversion.
This ruling now stands as one of the strongest international condemnations of Nigeria’s two leading political parties, equating them with terrorist entities under international and Canadian law.
Justice Ngo concluded that even if the earlier decision in Egharevba’s favour had been reasonable, the matter would have simply returned to the IAD for reconsideration, not resulted in an outright asylum approval.
With his appeal now dismissed, Mr. Egharevba’s asylum case is effectively closed and he now faces likely deportation from Canada.
