Babatunde Ogala, National Legal Adviser of the All Progressives Congress
(APC), says the party will institute legal action against Buba Galadima
for the “criminal acts” of forming the Reformed-All Progressives Congress
(APC), a faction of the ruling party, and declaring himself Chairman.
According to Ogala, Galadima committed impersonation by referring to
himself as the substantive Chairman of R-APC, a variant of APC, “whilst he
knows full well that there is indeed no such political party in Nigeria”.
He accused Galadima of suggesting that he is the substantive Chairman of
APC even though he knows that Com. Adams Oshiomole is indeed the Chairman
of the party.
He said that “in the circumstance, Galadima has committed the offence of
Impersonation as defined and punishable under Section 484 of the Criminal
Code and the authorities will be requested to do their work in bringing
him to account”.
He added that “for the infringement so far committed by Galadima and the
odium he has brought upon the APC brand, we will be seeking civil redress
against his person and that of his group”.
THE FULL STATEMENT
Two days ago, on July 4, 2018, we witnessed a Press Conference by one Mr.
Buba Galadima speaking allegedly on behalf of a group of politicians who
claim to be of our Party the All Progressives Congress (APC). His very act
(as we will show later in this address) taken together with the content of
his Press Release were reminiscent of the televised military address
issued after a successful execution of a Coup De Tat which Nigerians had
become used to before the advent of this sustained democratic experience.
The only difference being that Mr. Galadima was gabbed in civilian attire.
Furthermore, other persons purporting to be members of this group have
gone to town seeking to validate this unruly conduct and these have
necessitated the APC as the ruling party responsible for the protection of
our budding democracy to clarify on the legal import of the action of this
group as well as confirm to our teeming supporters across the country that
this situation is well within our control and assure all that the rule of
law must take its natural course in this matter.
WHAT ARE THE ISSUES AT STAKE?
Ladies and Gentlemen, the sum total of Mr. Galadima’s Press Release can be
captured under 3 (Three) major issues and we will address each of them
subsequently;
That the Party’s convention was improperly conducted by the Convention
Chairman as Consensus candidates were only subjected to a ‘yes’ vote in
alleged contravention of Article 20 of the APC Constitution.
That a group of delegates have come together 10(Ten) days after the
successful conduct of the APC convention to, in their words, ‘take control
and give legitimacy’ to APC now to be known as Reformed APC (‘R-APC).
That R-APC whose congresses and convention date is yet to be disclosed
already has the full complement of national executives, national working
committee, state executives and local government officials in all 774
local government across the country,
(a).On the first issue regarding the convention of APC held on June 23,
2018 let me make it clear that it was the culmination of a series of
congresses conducted in over 166,000 wards across this country and all the
36 states including the Federal Capital Territory which produced the
delegates. The question of elections within the APC is covered by Article
20 of the APC Constitution. Specifically, Section 20 (1) provides that;
‘All Party posts prescribed or implied by this constitution shall be
filled by democratically conducted elections at the respective National
Convention or Congress subject, where possible to consensus, Provided that
where a candidate has emerged by consensus for an elective position, a
vote of ‘yes’ or ‘no’ by ballot or voice shall be called to ensure that it
was not an imposition which could breed discontent and crisis’.
A clear reading of this provision shows that delegates may consent to a
single candidate; however that consent must be validated/re-affirmed at
the convention. This was exactly the case at the convention where
candidates who emerged based on consensus had their elections validated
and affirmed by voice votes of the delegates. This much was admitted by
Galadima in his civilian take-over speech. It is therefore worrisome that
he goes ahead to suggest that the affirmation process was flawed because
only a ‘yes’ question was put to the delegates and not a ‘yes’ and
‘no’question.
In any case, considering that this question condescends on the
interpretation of a legal document, I would have expected Galadima and his
gang to consult a lawyer who should have told them that the use of the
word ‘or’ in a legal document connotes that it is disjunctive. So a party
is at liberty to choose between two options and exercisingonly one of both
options would amount to compliance with the provisions contained in such a
document. This was the decision of the Court in the case of Nwaogwugu v.
President F.R.N. (2007) All FWLR (Pt. 358) 1151 at 1171 Paras G-H, where
the Court held as follows:
“The use of the word “or” in a statute connotes disjunctive participle
used to express an alternative or to give a choice of one among two or
more things. The word always bears a disjunctive meaning in an enactment.
It separates the provision preceding it from the provision coming after
it. Its role is to show that the other provisions in which it is appearing
are distinct and separate one from the other…”
From the above, it is clear that the convention chairman only had to ask a
‘yes’ (ie affirmation) question or a ‘no’ (i.e a dissent) question but
certainly not a ‘yes’ and ‘no’ question. For Mr. Galadima to seek to
threaten our democracy based on his misconceived interpretation of the
word ‘or’ is a testament to his desperation and sense of impunity.
Overall, were the mischief, spirit and intendment of the provision of
Article 20 not complied with?
One would have expected a law-abiding person who is confused about the law
or disenchanted with a processto approach the appropriate judicial
authorities to seek redress instead of resorting to self-help and
embarking on criminal acts in the name of being aggrieved.
(b).On the second issue raised above which is the claim by the Mr.
Galadima that APC delegates have decided to take control and given
legitimacy to APC as well as formed the Reformed APC, this only reveals
the extent of disregard for our laws and constituted authorities by this
group. You have to ask them at what point did they conduct congresses to
elect delegates to their Political Party? Or was it the same delegates who
conducted themselves in an orderly manner at the APC convention of June
23, 2018 that this group speaks of 10 days after? Does this group realize
that political parties are not conjured into existence by wishful thinking
but by careful compliance with the cumbersome process of registration laid
out in section 78 of the Electoral Act 2010? There is no provision for
civilian coups in the constitution of APC and any suggestion that their
action was carried out in consonance with the APC constitution is as
misconceived as it is mischievous.
(c).On the third point of the R-APC electing executives across the
country, the question to ask this group that claims to be aggrieved
because of an alleged breach of a provision in the APC constitution
requiring ‘yes’ and ‘no’ voice vote is, where did they hold their own
convention? Is it not a requirement of the same APC constitution that
positions must be subjected to election either democratically of through
consensus? Were the so called executives of this new contraption elected
by consensus or by contestation? Have they ever heard of or read the
provisions of Section 85 of the Electoral Act? Have they seen the
Guidelines for the Registration of New Political Parties 2014? Where
officials of the Independent National Electoral Commission (INEC) at their
imaginary congress? These are questions that speak to the real intent of
this group which is to perpetuate impunity, breach public peace by causing
political pandemonium and reap benefits from the vandalization of our
democratic process. But APC will not allow that.
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CONSEQUENCES OF THEIR ACTION:
Some of the immediate consequences of the action of Mr. Galadima is that
he and his gang (unless those who have disassociated themselves from his
Press Release) have committed several criminal infractions as well as
given rise to civil injury against the APC which include;
IMPERSONATION:
Mr. Galadima in his Press Release copiously referred to himself as the
substantive Chairman of R-APC a variant of APC whilst he knows fully well
that there is indeed no such political party in Nigeria. Also, he also
suggests that he is the substantive Chairman of APC even though he knows
that Com. Adams Oshiomole is indeed the party Chairman and Mr. Galadima
never contested for Chairmanship at the just concluded convention of the
APC. In the circumstance, Mr. Galadima has committed the offence of
Personation as defined and punishable under Section 484 of the Criminal
Code and the authorities will be requested to do their work in bringing
him to account.
FRAUDULENT MISREPRESENTATION:
To the extent that Mr. Galadima continues to perpetuate a falsehood
knowing such falsehood of him forming a Political Party overnight and
being Chairman either of same party or APC indeed to be untrue yet
persists for the purpose of gaining either pecuniary or other benefits, he
is guilty of fraudulent misrepresentation. In Ikechukwu Ikpa vs. The State
(2018) 4 NWLR Part 1069 Page 175 – 240, the Supreme Court defines
Fraudulent Misrepresentation to mean;‘a false statement that is known to
be false or is made recklessly without knowing or caring whether it is
true or false and that is intended to induce a party to detrimentally rely
on it’.
In this case, Mr. Galadima knowingly made his false statement with the
clear intention of deceiving Nigerians to abandon the APC and instead
follow him and his gang.
CONDUCT LIKELY TO BREACH PUBLIC PEACE:
Without a doubt, the declaration of Mr. Galadima if left unchecked is
capable of leading to the public nuisance and a breach of peace across
Country. Our loyal members are already agitated by the incendiary action
of this group which runs counter to the beliefs, principles and creed of
the APC.
BREACH OF TRADEMARK AND INFRINGEMENT OF COPY RIGHT:
This for us is one of the key points of this address. We trust relevant
authorities to deal with the criminal conducts of this group. However as
it touches on our brand we are forced to quickly take steps to protect it
from being subjected to erosion by the thoughtless actions of this group.
As Nigerians are aware, the coinage APC is both a mark and a copy right
capable of being protected under the common law principles of passing off
as well as under the extant provisions of the Copyright’s Act. Nigerians
can only imagine what it would be like if we were to wake up one morning
to a bank claiming to the Reformed First Bank Plc or a Construction
company claiming to be the Reformed Julius Berger Plc formed by a group of
its directors allegedly because they disagree with certain decisions taken
at the board meeting! This will be viewed as a blatant assault on the
brand for which both civil and criminal recourse can be sought.
So is it in this case that APC is a brand owned by its teeming members who
have invested the National Executive Committee and other organs of the
party with the power to protect this brand from abuse and erosion. We
practice a multi-party democratic system and therefore cannot stop Mr.
Galadima from forming his own political party if he so desires. However,
he will not be allowed to do so using the APC brand. For the infringement
so far committed by Mr. Galadima and the odium he has brought upon the APC
brand we will be seeking civil redress against his person and that of his
group. With respect to the criminal aspect of his conduct, we will be
notifying the appropriate authorities to do the needful.
Fellow Nigerians, in 2015, we witnessed a seismic event where for the
first time in our political history an opposition party defeated an
incumbent. We opened our arms to work with all Nigerians because we
believe in the inherent goodness of all Nigerians. However, we have had to
battle with the manifest desperation of a few overlords who consider every
segment of Nigeria their personal property. The government of President
Muhammad Buhari and the leadership of our great party are committed to
winning the battle for the soul of Nigeria, securing it from further
pillaging by these rent seekers and deliver the dividends of democracy to
all Nigerians without regards for tribe, religion and social status.
This requires us to cleanse our political process of people who have
become accustomed to brigandage and being unruly. Politics and leadership
are enterprises that should summon the best in us not expose the worst in
us. Let those who are in doubt hear this, APC under the current leadership
will work with the leadership of President Muhammad Buhari to sanitize our
political space and we will start with Mr. Galadima and his group to show
that there is no room today for the impunity of old.