₦airaland Forum

Olushola Wazzi Popoola Vs Canada: Nigerian man's refugee request in Canada dismissed because he was a member of SARS and may have committed crimes against humanity.

Here is the Full report:

Case name Popoola v. Canada (Public Safety and Emergency Preparedness)
Court (s) Database Federal Court Decisions
Date 2021-04-08
Neutral citation 2021 FC 305
File numbers IMM-6692-19
Date: 20210408

Docket: IMM-6692-19

Citation: 2021 FC 305

Ottawa, Ontario, April 8, 2021

PRESENT: Mr. Justice Sébastien Grammond

BETWEEN:

OLUSHOLA WAZZI POPOOLA

Applicant

and

THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

Respondent

JUDGMENT AND REASONS

[1] Mr. Popoola is a citizen of Nigeria and a former member of the Nigerian Police Force. He was found to be inadmissible to Canada because there are reasonable grounds to believe that he engaged in crimes against humanity while serving as a police officer in Nigeria. He now seeks judicial review of his determination of inadmissibility. I am dismissing his application, because the decision-maker reasonably assessed the relevant factors for deciding whether Mr. Popoola made a knowing and significant contribution to the crimes committed by the Nigerian Police Force.

[2] Mr. Popoola completed his training and became a member of the Nigerian Police Force in 2002. From 2002 to 2005, he was a member of the Special Anti-Robbery Squad [SARS] in Abuja. He was then transferred to the anti-robbery unit (not to be confused with the SARS) in Lagos until 2009. From 2009 to 2011, he returned to the SARS, this time in Lagos.

[3] In 2011, following the death of his father, Mr. Popoola resigned from the Nigeria Police Force. According to his testimony, however, the Force never formally accepted his resignation and he had to continue reporting to work. From 2011, he was affected to Iju as an ordinary police officer. He was promoted to the rank of Sergeant in 2015 and he left the Force the same year.

[4] In 2016, he left Nigeria for the United States. He then came to Canada, where he claimed refugee status. His claim was suspended while his case was referred to the Immigration Division [ID] of the Immigration and Refugee Board for a determination of his inadmissibility.

[5] On October 15, 2019, the ID found Mr. Popoola inadmissible pursuant to section 35(1)(a) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. The ID reviewed the documentary evidence and found that the Nigerian Police Force, and the SARS in particular, have committed crimes against humanity from 2002 to 2015. This is because mistreatment and torture of police detainees is endemic in Nigeria, for a number of reasons including corruption and impunity. Extrajudicial killings are frequent. The SARS, in particular, is singled out in the documentary evidence as one of the most brutal units of the Force.

[6] The main part of the ID’s decision is devoted to the issue of whether Mr. Popoola made a knowing and significant contribution to the SARS’s criminal activity. A finding that Mr. Popoola engaged in crimes against humanity does not require proof that he personally tortured detainees — which he denies. Rather, his contribution to the organization’s crimes must be assessed according to the test laid out by the Supreme Court of Canada in Ezokola v Canada (Citizenship and Immigration), 2013 SCC 40, [2013] 2 SCR 678 [Ezokola]. In this regard, the ID considered that Mr. Popoola voluntarily joined the Nigerian Police Force; that he spent five years with the SARS, a unit known for being especially brutal; that he admitted knowing about the prevalence of torture and mistreatment of detainees in the organization, although he tried to minimize its scope in his testimony; and that he resigned for personal reasons, not because he learned of human rights abuses. As to his contribution to the organization’s crimes, the ID concluded as follows:

Since Mr. Popoola reasonably knew that when he was a member of the SARS the suspects he handed over to the criminal investigation department would be subject to human rights violations, the tribunal finds this to be a significant contribution to the criminal purpose of the organization since he had the knowledge of what could befall the individual subject to investigation.

[7] This application for judicial review focuses on one question only: whether the ID properly applied the Ezokola test to Mr. Popoola’s situation. This Court reviews the ID’s decision on a standard of reasonableness. When performing such review, the Court does not reweigh the relevant factors; this is the ID’s role. To succeed, an applicant must show that the decision-maker made a significant error in the treatment of the evidence. It is not enough for an applicant to reiterate arguments rejected by the decision-maker.

[8] Mr. Popoola, however, is merely asking this Court to give more weight to factors favouring him and to prefer his testimony to the documentary evidence. Thus, he insists on the fact that he intended to leave the force in 2011, but that his resignation was never accepted and that, given Nigeria’s specific context, this meant that he has to continue reporting to work. He emphasizes his relatively low rank in the organization. He argues that he spent most of his time with the Force in units other than the SARS, and that his five years with the SARS is a relatively short time. Lastly, he asserts that his contribution to the organization’s crimes was not significant.

[9] These arguments were made before the ID. The ID rejected them and provided adequate justification. Before me, Mr. Popoola does not point to any serious mistake that would render the ID’s decision unreasonable. Moreover, according to section 33 of the Act, the ID was only required to find “reasonable grounds to believe” that Mr. Popoola contributed to crimes against humanity. In my view, the ID reasonably applied the Ezokola test to Mr. Popoola’s situation.

[10] Lastly, Mr. Popoola argues that the ID breached procedural fairness by rejecting his testimony without providing adequate reasons. Inadequacy of reasons, however, is now integrated to substantive review: Newfoundland and Labrador Nurses’ Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 at paragraphs 21-22, [2011] 3 SCR 708. It is not considered a matter of procedural fairness. As I mentioned above, the ID’s reasons for preferring the documentary evidence to certain aspects of Mr. Popoola’s testimony were adequate. Mr. Popoola also invokes the decision of the Supreme Court of Canada in Université du Québec à Trois-Rivières v Larocque, [1993] 1 SCR 471. That case involved a situation where an arbitrator refused to hear relevant evidence. This is quite different from the present case, where the ID heard Mr. Popoola’s testimony, weighed it, and gave more weight to documentary evidence with respect to certain issues. This is not a breach of procedural fairness.

[11] For these reasons, Mr. Popoola’s application for judicial review will be dismissed.

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/495410/index.do

SAR DON SUFFER.

That is discrimination and it is unfair, just because someone was a member of SAR does not mean he committed crime against humanity.

There is no proof of this allegations of crime against humanity against him, he is being discriminated because of the type of job he was doing before.

He can appeal.

Just imagine being a shoemaker and you were denied visa because you polished gadaffi shoes....

When is guilty by association justice??

Thumbs up Canada...the Canadian embassy doesn't grant visas in any guise to wild animals in human skin. If he is looking for other countries that begins with 'C' to migrate to, Chad and Cameroon aren't so far away.

I just dey laugh.. choi!

Interesting

Better, so they don't corrupt Canada for us.

And that's how all our political office holders should be treated along with their families, all our military personnel especially the army and their families should be treated that way too including the police

Better

There's no moment i am not proud of Canada.


The idiotic useless Olushola should be in zoo and unleash his terror here, he should not take his useless self to Canada.


Nigeria is a cursed zoo with a cursed sick demented President.

Very good news, he must come back and enjoy the change with Buhari and continue with the rebranded SARS

Damnnn niggarrrr

Canada my niggeeeeeee
...
Our endsars protest can never be in vain...


From today. I swear not to bomb Canada anymore

Nice!

[img]https://media1./images/c9871e568e065ec0bfa1d52a52de15c2/tenor.gif?itemid=13112899[/img]

Hmm.. Interesting times.

Laugh away your sorrow:

https://www.youtube.com/watch?v=IpgsyUy8x4g


Pay me for the laughter that this brings you!

Hmmm...some grounds for inadmissibility is unfair.

Good job.

Una for allow am enter first.
Later feed am to bears or crocodiles.
After killing innocent people in Nigeria, leaving their families traumatized, you want to migrate to a sane and safe country

Your karma is in Nigeria. Bastard.

COOL

The ID reviewed the documentary evidence and found that the Nigerian Police Force, and the SARS in particular, have committed crimes against humanity from 2002 to 2015

They did not reject his visa because he was a former SARS members but because he committed crime

lalasticlala:
Olushola Wazzi Popoola Vs Canada: Nigerian man's refugee request in Canada dismissed because he was a member of SARS and may have committed crimes against humanity.

Here is the Full report:



https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/495410/index.do

Wow the best news so far for today! That's commendable coming from the best country on earth.

Very good.
I wish all corrupt politicians would be denied even Visa to any country.
So they have no where to run or hide their children.

very good of canada

way to go..thumbs up canada

Imagine hating sm1 for doing his job,now oga can't travel in peace.Sars work Dan turn disgrace

HOOHOHOHOHOHO.

VERY GOOOD. AFTER KILLING AND SELLING ORGANS OF NIGERIAN YOUTH, HIN WAN COME ENTER CANADA. KO NI DA FUN-UN!

CANADA PLS BAN THE E-SPONSORED THUGS, BANDITS AND E-HERDSMEN TOO IF POSSIBLE.

ASIWAJUIAN FOOOLS LIKE THIS ARE STILL VERY MUCH IN THE OPEN. INTERPOL PLS CAPTURE THEIR FACE, THEY MUST PAY FOR THEIR CRIMES.


I DENOUNCE NIGERIA COMPLETELY AND TOTALLY. SH*THOLE COUNTRY!

Lol. . . you cannot just make the country hellish for innocent people then bail out to one mini heaven. This is a hint of judgement day of the Lord.

The Cane That Was Used To Beat The First Wife Is On The Top Roof For The Second