Simply defined: terrorism is the illegitimate use of violence to achieve political or religious objectives. Under the Terrorism (Prevention) Act of 2022 of Nigeria, the definition of terrorism is much wider than subversion and terrorism in Canada. In Nigeria, terrorist acts include actions intended to cause death, serious harm, or endangerment, with the goal of intimidating the public or coercing a government. They also include violence against individuals, property, or disruptions to critical infrastructure, all with the aim of advancing a political, religious, or ideological cause.
Even though the Terrorism and Prevention Act states that protests are exempted from terrorist acts, the Federal Government has continued to charge unarmed protesters with terrorism and treason. Some citizens who took part in the #Endhardship protests that occurred last year are still standing trial at the Abuja judicial division of the Federal High Court. Furthermore, the application of the law by the government is class biased. Hence, members of the political class who divert and corner the huge funds earmarked for building roads and hospitals, leading to untimely death of thousands of poor citizens, are never charged with terrorism but with money laundering.
It is common knowledge that both the All Progressives Congress, APC, and the Peoples Democratic Party, PDP, rig elections and announce fake results with the assistance of armed police personnel and soldiers. Elections are rigged by armed thugs as well as armed police and military personnel. Concerned citizens who kick against rigging of elections are violently attacked and killed. The murderers are never prosecuted. The election riggers dare their opponents to go to court.
In the election petition tribunals and appellate courts, legitimacy is conferred on the riggers of elections by judges. The Canadian court has just ruled that the act of using brute force to obtain political power in Nigeria is terrorism. A Nigerian, Douglas Egharevba, had applied for asylum in Canada. The application was rejected as he was not qualified for asylum under the Canadian Immigration Law.
Egharevba’s appeal against the decision was dismissed… by Justice Phuong Ngo of the Canada’s Federal Court who declared Nigeria’s two major political parties, APC and PDP, to be “terrorist organisations”. It was the view of the Judge that both political parties had engaged in conduct that amounts to terrorism and subversion of democratic institutions under Canadian law.
The reactions of the APC and PDP to the serious indictment are merely begging the question. The APC says the judge is an “ignoramus” and a “racist”, while the PDP says the ruling of the judge is “mischievous”. On its own part, the Federal Government has protested to the Canadian Government. Pray, is the Federal Government asking the Canadian Government to quash the judgement or to discipline the judge? The protest will be ignored as this is not a diplomatic crisis.
Former President Olusegun Obasanjo of the PDP had boasted that the 2003 election was “a do-or- die affair”. In the same vein, CPC presidential candidate, Mohammadu Buhari, once threatened that: “If what happened in 2011 (alleged rigging) should again happen in 2015, by the grace of God, the dog and the baboon would all be soaked in blood.” In like manner, APC presidential candidate Bola Tinubu had said in 2023 that: “Political power is not going to be served in a restaurant. It is not served in a-la-carte. It is what we are doing. It is being determined to do it at all cost. Fight for it, grab it, snatch it and run with it.”
Since the political leaders were not called to order, hundreds of lives have been lost during the general elections, while the perpetrators were treated like sacred cows by the government. In Buhari v Obasanjo (2005) 50 WRN 1 at 311, Pats-Acholonu JSC (of blessed memory) deprecated violent elections when he observed that “…In this day and age in this country that has been independent for 45 years we can still witness horrendous acts by security officers who ought to dutifully ensure peace and tranquility in the election process, suddenly turning themselves into agents of destruction, and introduced mayhem to what ordinarily would have been a civilized way of exercising franchise by the people who are sovereign, is regrettable.”
The situation is much worse today than it was in 2003. The violence, vote- buying and thuggery that characterised the by-election conducted by the Independent National Electoral Commission … have further corroborated the finding of the Canadian court. In Kano State alone, 288 thugs were arrested during the democratic exercise. Since ours has become a land of gargantuan impunity, the suspects and hundreds of other thugs arrested by the police … in the remaining 11 states will not be brought to book as the government no longer pretends to operate under the rule of law.
Instead of abusing the Canadian judge, the APC and PDP should, as a matter of urgency, adopt legal measures to prove that they are not terrorist organisations. At the domestic front, the security forces should compel the members of the indicted political parties to operate within the ambit of the Constitution and the Electoral Act. Henceforth, judges should sanction riggers of elections and other perpetrators of terrorist acts, no matter how highly placed.
However, it is regrettable to note that the Federal Government does not seem to appreciate the full implications of the ruling of the Canadian judge. The applications of other asylum seekers who claim to be members of either APC or PDP will be turned down leading to their deportation to Nigeria.
If the ruling is not set aside, it may be registered in the United States, UK, France etc, the implication is that members of the APC and PDP may be deported or have their visas revoked. If that happens, President Donald Trump will have another excuse to deport more Nigerians from the United States.
Therefore, the Federal Government should hire some immigration lawyers to take urgent action to remove the stigma of infamy contained in the judgment of the Canadian court. The collateral damage of the judgement will certainly affect other citizens since the government of their homeland has been sponsored by two terrorist political parties.
*Falana, SAN, wrote from Lagos
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