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By John Ogunsemore
A Canadian federal court has suspended the deportation of a Nigerian mother and her minor son, citing severe risks to their mental health, physical safety, and overall well-being if they are forced to return to Nigeria.
In a ruling dated January 28, 2026, Justice Allyson Nowak granted a stay of removal for Shalewa Folashade Oladipupo and her son (name withheld), halting their scheduled deportation by the Canada Border Services Agency on January 29.
The decision came in the case Oladipupo v. Canada (Public Safety and Emergency Preparedness), identified as 2026 CanLII 5999 (FC) with suit number IMM-1106-26.
Court records show Oladipupo, a Christian, fled Nigeria with one of her twin sons to escape alleged ritual practices imposed by her husband’s family.
She claimed the rituals were required annually on her and her sons, culminating in a final ceremony once the children reached age 18.
Oladipupo expressed fears that completing the rituals could result in supernatural harm or death to her and her sons, and that she would face reprisals from family members upon return.
The family’s asylum claim was previously rejected by Canada’s Refugee Appeal Division, which determined they could have sought safety by relocating to another part of Nigeria.
On January 26, an inland enforcement officer denied a request to defer the deportation, citing insufficient evidence of active suicidal ideation and concluding that Oladipupo was fit to travel.
However, Justice Nowak rejected that assessment, finding it unjustified based on medical evidence presented.
Oladipupo presented medical documents indicating she has been diagnosed with adjustment disorder featuring mixed anxiety and depression, along with reports of passive suicidal ideation.
Her physician, Dr. Aderinto, described her as “not mentally stable,” “not of sound mind,” and unfit to travel, warning that interrupting her care could lead to life-threatening outcomes.
Additional health concerns include uncontrolled hypertension, which raises the risk of heart attack or stroke, and severe spinal disease that prevents her from sitting for extended periods.
The court emphasised that immigration authorities had failed to arrange any medical or mental health support for Oladipupo’s arrival in Nigeria, further elevating the dangers.
Nowak dismissed the distinction between “active” and “passive” suicidal ideation, noting that risks of suicide constitute irreparable harm under established law.
Due to the close bond between mother and child, the judge extended these risks to the son, stating that his return without her would heighten the potential harm.
“The applicants have met the legal test for a stay of their removal,” Nowak stated in the 11-paragraph judgment, while acknowledging the need to balance humanitarian concerns against the public interest in enforcing immigration laws.
The ruling grants temporary protection, allowing the family to remain in Canada pending further proceedings.
