Charles Esther
The Federal Court of Canada has upheld a decision classifying Nigeria’s two main political parties—the All Progressives Congress (APC) and the Peoples Democratic Party (PDP)—as terrorist organisations. The ruling came as the court dismissed an asylum appeal from a former party member, Douglas Egharevba.
Background of the Case
On June 17, 2025, Justice Phuong Ngo rejected Egharevba’s judicial review application, affirming the Immigration Appeal Division’s (IAD) ruling that he was inadmissible under Canada’s Immigration and Refugee Protection Act (IRPA).
Government’s Argument Against the Parties
The Canadian Minister of Public Safety and Emergency Preparedness argued that both APC and PDP were involved in political violence, electoral bloodshed, and actions undermining democracy in Nigeria.
Egharevba’s Political History and Asylum Bid
Egharevba was a PDP member from 1999 to 2007 before joining the APC in 2007 and remaining there until 2017. After moving to Canada in September 2017, he disclosed his political affiliations, which immigration officials flagged based on intelligence reports linking both parties to violent acts.
Evidence of Political Violence
The IAD cited the PDP’s alleged misconduct during the 2003 state elections and 2004 local government polls, including ballot stuffing, voter intimidation, and killings of opposition supporters. The tribunal concluded that the party’s leadership benefited from the violence and failed to act against it—meeting Canada’s legal definition of democratic subversion.
Legal Grounds for Inadmissibility
Justice Ngo ruled that under paragraph 34(1)(f) of the IRPA, mere membership in an organisation linked to terrorism or subversion is grounds for inadmissibility, even without proof of personal involvement in violent acts.
Rejection of Defence Arguments
Egharevba’s claim that political violence was common across all Nigerian parties was dismissed. The court maintained that even flawed elections in Nigeria constitute a democratic process under Canadian law and that undermining them amounts to subversion.
Outcome and Next Steps
The decision ends Egharevba’s asylum claim, paving the way for his deportation from Canada
David Awoyode