A court in Toronto, Canada, has rejected the asylum application of Nigerian politician Adams Omozakari Ayonote.
Mr. Ayonote, a member of the opposition Peoples Democratic Party (PDP), claimed his life was at risk in Nigeria due to multiple gunshot attacks he had survived. He also argued that if he returned to Nigeria, he would face violent persecution from the ruling All Progressives Congress (APC).
However, the Refugee Protection Division (RPD) dismissed his application, citing a lack of credibility in his claims. The tribunal stated that Mr. Ayonote failed to substantiate his allegations of past attacks.
“The RPD rejected the applicant’s claim because he failed to credibly establish the core of his argument. There was insufficient evidence to link the events of 2005 to the APC, and the tribunal concluded that the applicant fabricated the events of 2014,” the tribunal said.
The tribunal also noted that Mr. Ayonote’s trips to the United States in 2014 and 2015, followed by his return to Nigeria after each visit, contradicted his claim of fearing persecution in Nigeria.
During the case hearing, the court found no credible basis in the Refugee Appeal Division’s (RAD) earlier decision to support Mr. Ayonote’s claims of an “attempted assassination.”
The tribunal highlighted inconsistencies and omissions in Mr. Ayonote’s evidence, emphasizing his failure to establish a credible fear of future persecution. They also pointed to his public appearances in 2018, which contradicted his claim of living in hiding due to fear for his life.
“The applicant explained that he only realized the severity of the threats against him after the situation escalated following an airport attack in 2018. He suggested this was why he returned to Nigeria after his trips to the United States in 2014 and 2015. He claimed to have sought police protection in 2014 and lived in hiding,” the tribunal stated.
Justice Whyte Nowak, in a judgment delivered on November 15, concurred with the RAD’s findings that Mr. Ayonote’s claims were speculative. The justice noted that the applicant failed to reasonably explain why he did not claim refugee status during his 2014 trip to the United States.
The court also highlighted contradictions in his claim that he could not flee with his family in 2014 due to financial constraints.
After reviewing the submissions from both parties and considering the applicable law, Justice Whyte ruled that the RAD’s decision was reasonable and dismissed the case.
According to the Canadian Ministry of Citizenship, a refugee claimant is considered a Convention refugee under Section 96 of the Immigration and Refugee Protection Act (IRPA) if they face “more than a mere possibility” of persecution in their home country.
Claimants must demonstrate both a subjective fear of persecution and an objective basis for their fear (as established in Adjei v Canada (Minister of Employment and Immigration), [1989] 2 FC 680 (FCA)).
Under subsection 97(1) of the IRPA, a claimant may also be recognized as a “person in need of protection” if they can objectively prove “substantial grounds” that they face a personalized risk of torture, cruel or unusual treatment, or a threat to their life upon returning to their home country (Li v Canada (Minister of Citizenship and Immigration), 2005 FCA 1).
