Nigerian man faces deportation after court refuses to extend his appeal

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This article was published 20/01/2025 (257 days ago), so information in it may no longer be current.

A Nigerian man who came to Canada to study will be deported after a judge on the province’s highest court said he waited too long to appeal his sentence for fleeing from police in a high-speed chase.

Manitoba Court of Appeal Justice Anne Turner rejected Efua Oribhabor’s request, saying appeal extensions are not granted automatically.

“The onus is on the applicant to show why they should receive an extension… while the accused asserts that he had a continuous intention to appeal, and that he has a reasonable excuse for the delay, there is a dearth of evidence to support this claim, and his actions indicate otherwise,” Turner wrote.

Oribhabor also argued the trial judge didn’t understand the immigration consequences he was facing and made an error by not ordering an “impact of race culture assessment report” before he was sentenced. Turner said that would not have made a difference in whether he was deported or not.

“The sentence imposed by the (provincial court) judge had no impact on the collateral consequence of the accused’s immigration status,” Turner wrote.

“It was the conviction, for an offence of serious criminality, not the quantum of sentence, that triggered the deportation proceedings and deportation order… Even if a panel of this court reduced the accused’s sentence on appeal, the immigration consequences would not be remedied.”

Oribhabor could not be reached for comment over the weekend. His lawyer, Jean-Rene Kwilu, said he could not speak on the matter unless his client gave him permission.

Oribhabor was given a bachelor of environmental studies degree at a University of Manitoba graduation ceremony on June 7, 2023. A few months before, on Jan. 3, he was charged with flight while pursued as well as drug possession and firearm-related offences.

Winnipeg Police Service spokeswoman Const. Dani McKinnon said there was also “a collision involving a police vehicle.”

Oribhabor was convicted of flight from a peace officer after a trial in April, with the judge finding the accused led the police on a chase through the icy streets of downtown.

“The chase ended only after the accused’s vehicle crashed and after a short foot pursuit,” Turner wrote.

Oribhabor was sentenced to three months in custody and one year of supervised probation on July 24. While in custody, the Canadian Border Services Agency issued a report that ultimately resulted in a deportation order being issued.

Turner said Oribhabor had 30 days to launch an appeal after the sentencing, but he didn’t do that until two-and-a-half months after his release from custody on Sept. 23.

The judge said the only evidence Oribhabor had to support the claim he had asked his original lawyer to file an appeal was his own affidavit.

kevin.rollason@freepress.mb.ca