Canadian Court Sets Precedent: Are Nigeria’s Major Parties Now International Outcasts?
A recent decision of the Canadian Federal Court has raised serious questions about how Nigerian political affiliations may be viewed abroad. In Douglas Egharevba v. The Minister of Public Safety and Emergency Preparedness (2025 FC 1093), the Court upheld a decision declaring a Nigerian man inadmissible to Canada because of his past membership in the Peoples Democratic Party (PDP). Here is the breakdown of the case:
Egharevba, a Nigerian refugee claimant, had admitted to being a member of PDP (1999–2007) and APC (2007–2017) in his refugee application. The Immigration Division initially cleared him, ruling that there wasn’t enough evidence to show PDP or APC leadership condoned violence, subversion, or terroristic conduct. On appeal, the Immigration Appeal Division overturned that decision. It found there were reasonable grounds to believe, under Canada’s Immigration and Refugee Protection Act (IRPA) that:
1. PDP engaged in subversion of democratic processes; including ballot stuffing, intimidation, violence, and even murder during Nigeria’s 2003 and 2004 elections.
2. PDP leadership was aware of these actions and failed to act, making membership alone enough to trigger inadmissibility, even without personal wrongdoing.
3. Egharevba’s membership in PDP was sufficient to deem him inadmissible under IRPA §34(1)(f).
4. The IAD opted not to assess APC membership, because the PDP evidence alone was decisive.
Egharevba applied to the Federal Court for Judicial Review, and Justice Phuong Ngo dismissed his application, finding the IAD’s decision to be reasonable, well-supported by law and facts. Making reference to documentary evidence relating PDP to ballot box snatching, election-related killings, and attacks on opposition members the Court therefore agreed that PDP fit the definition of an organisation engaged in subversion under Canadian immigration law. As a result, Douglas’ membership was enough to make him inadmissible, even if he personally did not commit any violent acts.
Contrary to viral posts on the subject matter, the court did not declare the PDP and APC a terrorist organisation, it merely relied on the provisions of paragraph 34(1)(f) of Canada’s Immigration and Refugee Protection Act (IPRA) which states thus: “a permanent resident or foreign national is inadmissible on security grounds if they are a member of an organisation that is believed to be involved in acts of espionage, subversion, or terrorism.” Among the acts (espionage, subversion, and terrorism), Judge Ngo of the Federal Court chose to adopt subversion.
The case also reveals a gap between Canadian and Nigerian legal practice. The Canadian court relied on documents and affidavits without requiring eyewitness testimony to establish political violence. Nigerian courts, by contrast, often require such evidence.
While no other country has formally declared PDP or APC as terrorist organisations, there are jurisdictions where similar reasoning could easily take hold. In the United States, for example, the Immigration and Nationality Act is drafted so broadly that membership in an organisation tied to political violence abroad can be enough to bar entry. The United Kingdom’s Terrorism Act 2000 and its immigration framework are equally strict, giving officials wide discretion to deny visas or asylum to individuals linked to groups accused of undermining democracy. Australia and New Zealand operate tough “character tests” for visa applicants, meaning even indirect associations with political parties accused of violent conduct can trigger prohibition. Within the European Union, there is no central terrorist designation for foreign political parties, but individual states like Germany, France, or the Netherlands frequently bar entry to people affiliated with organisations that threaten democratic order. In the above listed jurisdictions, it is likely that the Canadian court’s precedent will carry persuasive weight and influence future decisions.
Egharevba’s case is a proof that Nigerian politics travels with you. Membership in PDP or APC, whether present or past, can now close doors abroad. What happens in our politics no longer stays in Nigeria; it decides who gets in and who gets shut out.
Noah Ajare Esq