Senior Advocate of Nigeria (SAN) and human rights activist, Femi Falana, has raised alarm over the far-reaching implications after a Canadian court ruling that declared Nigeria’s two dominant political parties, the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), as terrorist organisations.
In a statement titled ‘Beyond Judicial Recognition of APC and PDP as Terrorist Societies,’ Falana noted that the judgment, delivered by Justice Phuong Ngo of the Federal Court of Canada, goes beyond semantics and could have dire consequences for Nigerians affiliated with the two parties, both at home and abroad.
According to reports, the ruling stemmed from the asylum application of a Nigerian, Douglas Egharevba, who claimed political persecution in Nigeria.
While dismissing his appeal, the Canadian court held that the APC and PDP, through their conduct during elections, had engaged in acts amounting to terrorism and subversion of democratic institutions under Canadian law.
Falana explained that Nigeria’s Terrorism (Prevention) Act 2022 defines terrorism broadly, covering not only violent attacks but also actions intended to intimidate the public, disrupt infrastructure, or coerce the government for political, religious, or ideological goals.
Although the law exempts protests, Falana criticised the government for charging unarmed protesters, including #EndHardship demonstrators with terrorism and treason, while members of the political class implicated in corruption and large-scale economic sabotage escape with lesser charges.
“It is common knowledge,” he said, “that both APC and PDP rig elections and announce fake results with the aid of armed thugs, police, and soldiers.
“Citizens who resist such malpractice are often attacked and sometimes killed, yet their murderers are never prosecuted.
“Is the Federal Government asking the Canadian Government to quash the judgment or to discipline the judge? This is not a diplomatic crisis, and the protest will be ignored,” he declared.
The human rights lawyer warned that the judgment, if registered in other jurisdictions such as the United States, the United Kingdom, and France, could lead to severe diplomatic and immigration consequences.
Members of the APC and PDP may face deportations, visa denials, or revocations, he said, stressing that the fallout may extend beyond politicians to ordinary Nigerians by association.
Falana traced the roots of Nigeria’s electoral violence to the rhetoric of its political leaders.
He recalled former President Olusegun Obasanjo’s infamous boast that the 2003 elections were “a do or die affair,” and late former President Muhammadu Buhari’s 2011 warning that post-election rigging could soak the “dog and the baboon in blood.”
Similarly, President Bola Tinubu’s 2023 declaration that political power must be “grabbed, snatched, and run with” reinforced a culture of electoral desperation, Falana argued.
Quoting the late Justice Pats-Acholonu in Buhari v Obasanjo (2005), he decried the use of security forces as “agents of destruction” during elections, a situation he said has only worsened over the years.
“The violence, vote-buying and thuggery that characterised yesterday’s by-election have further corroborated the Canadian court’s findings,” Falana added, noting that 288 thugs were arrested in Kano State alone.
“Yet, as in the past, they are unlikely to be prosecuted in a country where impunity reigns,” Falana stated.
Rather than dismissing the Canadian ruling with insults, Falana urged both APC and PDP to urgently demonstrate compliance with Nigeria’s constitution and electoral laws.
He called on judges to sanction election riggers and perpetrators of violence, regardless of their political stature.
At the same time, he advised the Federal Government to engage immigration lawyers to contest the ruling’s broader implications and prevent the stigmatisation of Nigeria on the global stage.
“The collateral damage of this judgment will certainly affect other citizens since the government of their homeland has been sponsored by two terrorist political parties,” Falana warned.
The federal government has since come out to ask the Canadian court to retract the statement and asked Nigerians not to make unfounded allegations against Nigerians while seeking favours from other countries.
