Manitoba judge denies Nigerian student's plea to extend appeal deadline

A judge in Manitoba's highest court denied a request from a Nigerian student who faces deportation to grant an extension to appeal his sentence for fleeing a police officer.

Efua Boniface Oribhabor was found guilty during a trial in April 2024 of flight from peace officer, a Criminal Code offence, after he led police on a high-speed chase through the icy streets of downtown Winnipeg that ended with Oribhabor crashing his vehicle and being arrested after a foot chase.

He was sentenced to three months in jail on July 24. He had 30 days to file a notice of application for leave to appeal his sentence, Manitoba Court of Appeal Justice Anne Turner said in a written decision dated Jan. 8.

Oribhabor, who came to Canada on a student visa, was released from jail on Sept. 23. He filed a notice of motion to extend time to file an appeal on Dec. 5, about three and a half months after the deadline, Turner wrote.

The student said he told his lawyer to file an appeal before he was taken into custody, according to the decision. He said when he was released in September, he asked about the status of his appeal and was told it had not been filed, which led him to search for a new lawyer, according to the appeal court decision.

"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 did not provide evidence beyond his affidavit to support his claim that he told his former lawyer to file an appeal, and "he has not provided any evidence as to why it took almost two and one‑half months after his release [in September] to file this motion" for an extension, Turner wrote.

"Extensions of time are not granted automatically. The onus is on the applicant to show why they should receive an extension."

While Oribhabor was in jail, a deportation order was issued for him based on the seriousness of the offence. 

During his trial, Oribhabor argued the trial judge erred by not ordering an impact of race and culture assessment — a report that helps sentencing judges understand the effect of factors like poverty, marginalization and racism on an offender — in addition to the pre-sentence report. 

But Turner said the judge's decision not to order the assessment had no impact on Oribhabor's immigration status under the Immigration and Refugee Protection Act, which says a permanent resident convicted for a serious crime — an offence punishable by a maximum sentence of at least 10 years — will be sent to a deportation hearing. Flight from a peace officer carries a 10-year maximum sentence.

Even if Oribhabor's sentence was reduced on appeal, the immigration consequences "would not be remedied," Turner wrote.

Oribhabor "has not satisfied me that there are arguable grounds of appeal in the circumstances," Turner wrote, and she denied his motion for an extension of time to file an appeal application notice.