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By Lizzy Chirkpi
A Nigerian’s bid for asylum in Canada has been rejected due to his former association with the People’s Democratic Party (PDP), after a Canadian court ruled that the party’s history of political violence and subversion rendered him inadmissible on security grounds.
Douglas Egharevba, who arrived in Canada in September 2017 and sought protection through an inland refugee claim, admitted to being a member of the PDP from December 1999 to December 2007. That admission ultimately cost him his refugee claim after the Federal Court upheld a decision by the Immigration Appeal Division (IAD) declaring him inadmissible.
The court sided with the Canadian government’s position that the PDP, Nigeria’s long-standing ruling party during the period in question, engaged in acts that undermined democratic institutions, including ballot box snatching, vote rigging, and political violence.
Egharevba argued that while he was a member of the PDP, he was never personally involved in any acts of subversion or violence. But the Federal Court dismissed this defence, clarifying that under Canadian immigration law, personal participation is not required for inadmissibility.
“Inadmissibility under paragraph 34(1)(f) of the Immigration and Refugee Protection Act is based on membership in an organization, not personal involvement in its activities.
“The legal standard for membership is relatively easy to meet. It does not require for the person to commit the acts referred to or to participate in them in any way,” the ruling stated.
The court further supported the IAD’s finding that there were “reasonable grounds to believe” the PDP engaged in political violence and subversive activities during Nigeria’s 2003 and 2004 elections, describing their conduct as aimed at the “improper purpose of maintaining political power.”
Egharevba also attempted to argue that Nigeria’s elections could not be considered democratic by Canadian standards, given the systemic violence and irregularities that mar the process. He maintained that since true democratic institutions don’t exist in Nigeria, he could not be accused of undermining them.
But the court sharply rejected that argument, calling it “circular and paradoxical.”
“To deny the existence of a democratic institution because it has been subverted would have the effect of denying the very possibility of recognizing subversion,” the judgment stated.
Egharevba’s legal troubles began in 2019 when a Canada Border Services Agency (CBSA) officer deemed him inadmissible due to his PDP affiliation. While the Immigration Division initially overturned that decision in 2020, the Minister of Public Safety and Emergency Preparedness appealed the ruling in 2024. The Immigration Appeal Division agreed with the minister and reinstated the inadmissibility decision an outcome now upheld by the Federal Court.
The court concluded that the IAD’s decision was “transparent, intelligible and justifiable,” effectively shutting the door on Egharevba’s attempt to remain in Canada under refugee protection.
The ruling sends a clear signal about Canada’s zero-tolerance stance on association with political organizations tied to violence, regardless of individual involvement.
As Egharevba faces potential removal, his case may set a precedent for how Canadian immigration authorities assess the political affiliations of future refugee claimants from countries with contested democratic practices.