Babatunde Ogala, National Legal Adviser of the All Progressives Congress
\n(APC), says the party will institute legal action against Buba Galadima
\nfor the \u201ccriminal acts\u201d of forming the Reformed-All Progressives Congress
\n(APC), a faction of the ruling party, and declaring himself Chairman.<\/p>\n
According to Ogala, Galadima committed impersonation by referring to
\nhimself as the substantive Chairman of R-APC, a variant of APC, \u201cwhilst he
\nknows full well that there is indeed no such political party in Nigeria\u201d.<\/p>\n
He accused Galadima of suggesting that he is the substantive Chairman of
\nAPC even though he knows that Com. Adams Oshiomole is indeed the Chairman
\nof the party.<\/p>\n
He said that \u201cin the circumstance, Galadima has committed the offence of
\nImpersonation as defined and punishable under Section 484 of the Criminal
\nCode and the authorities will be requested to do their work in bringing
\nhim to account\u201d.<\/p>\n
He added that \u201cfor the infringement so far committed by Galadima and the
\nodium he has brought upon the APC brand, we will be seeking civil redress
\nagainst his person and that of his group\u201d.<\/p>\n
THE FULL STATEMENT
\nTwo days ago, on July 4, 2018, we witnessed a Press Conference by one Mr.
\nBuba Galadima speaking allegedly on behalf of a group of politicians who
\nclaim to be of our Party the All Progressives Congress (APC). His very act
\n(as we will show later in this address) taken together with the content of
\nhis Press Release were reminiscent of the televised military address
\nissued after a successful execution of a Coup De Tat which Nigerians had
\nbecome used to before the advent of this sustained democratic experience.
\nThe only difference being that Mr. Galadima was gabbed in civilian attire.<\/p>\n
Furthermore, other persons purporting to be members of this group have
\ngone to town seeking to validate this unruly conduct and these have
\nnecessitated the APC as the ruling party responsible for the protection of
\nour budding democracy to clarify on the legal import of the action of this
\ngroup as well as confirm to our teeming supporters across the country that
\nthis situation is well within our control and assure all that the rule of
\nlaw must take its natural course in this matter.<\/p>\n
WHAT ARE THE ISSUES AT STAKE?
\nLadies and Gentlemen, the sum total of Mr. Galadima\u2019s Press Release can be
\ncaptured under 3 (Three) major issues and we will address each of them
\nsubsequently;<\/p>\n
That the Party\u2019s convention was improperly conducted by the Convention
\nChairman as Consensus candidates were only subjected to a \u2018yes\u2019 vote in
\nalleged contravention of Article 20 of the APC Constitution.<\/p>\n
That a group of delegates have come together 10(Ten) days after the
\nsuccessful conduct of the APC convention to, in their words, \u2018take control
\nand give legitimacy\u2019 to APC now to be known as Reformed APC (\u2018R-APC).
\nThat R-APC whose congresses and convention date is yet to be disclosed
\nalready has the full complement of national executives, national working
\ncommittee, state executives and local government officials in all 774
\nlocal government across the country,<\/p>\n
(a).On the first issue regarding the convention of APC held on June 23,
\n2018 let me make it clear that it was the culmination of a series of
\ncongresses conducted in over 166,000 wards across this country and all the
\n36 states including the Federal Capital Territory which produced the
\ndelegates. The question of elections within the APC is covered by Article
\n20 of the APC Constitution. Specifically, Section 20 (1) provides that;
\n\u2018All Party posts prescribed or implied by this constitution shall be
\nfilled by democratically conducted elections at the respective National
\nConvention or Congress subject, where possible to consensus, Provided that
\nwhere a candidate has emerged by consensus for an elective position, a
\nvote of \u2018yes\u2019 or \u2018no\u2019 by ballot or voice shall be called to ensure that it
\nwas not an imposition which could breed discontent and crisis\u2019.
\nA clear reading of this provision shows that delegates may consent to a
\nsingle candidate; however that consent must be validated\/re-affirmed at
\nthe convention. This was exactly the case at the convention where
\ncandidates who emerged based on consensus had their elections validated
\nand affirmed by voice votes of the delegates. This much was admitted by
\nGaladima in his civilian take-over speech. It is therefore worrisome that
\nhe goes ahead to suggest that the affirmation process was flawed because
\nonly a \u2018yes\u2019 question was put to the delegates and not a \u2018yes\u2019 and
\n\u2018no\u2019question.<\/p>\n
In any case, considering that this question condescends on the
\ninterpretation of a legal document, I would have expected Galadima and his
\ngang to consult a lawyer who should have told them that the use of the
\nword \u2018or\u2019 in a legal document connotes that it is disjunctive. So a party
\nis at liberty to choose between two options and exercisingonly one of both
\noptions would amount to compliance with the provisions contained in such a
\ndocument. This was the decision of the Court in the case of Nwaogwugu v.
\nPresident F.R.N. (2007) All FWLR (Pt. 358) 1151 at 1171 Paras G-H, where
\nthe Court held as follows:<\/p>\n
\u201cThe use of the word \u201cor\u201d in a statute connotes disjunctive participle
\nused to express an alternative or to give a choice of one among two or
\nmore things. The word always bears a disjunctive meaning in an enactment.
\nIt separates the provision preceding it from the provision coming after
\nit. Its role is to show that the other provisions in which it is appearing
\nare distinct and separate one from the other\u2026\u201d<\/p>\n
From the above, it is clear that the convention chairman only had to ask a
\n\u2018yes\u2019 (ie affirmation) question or a \u2018no\u2019 (i.e a dissent) question but
\ncertainly not a \u2018yes\u2019 and \u2018no\u2019 question. For Mr. Galadima to seek to
\nthreaten our democracy based on his misconceived interpretation of the
\nword \u2018or\u2019 is a testament to his desperation and sense of impunity.
\nOverall, were the mischief, spirit and intendment of the provision of
\nArticle 20 not complied with?<\/p>\n
One would have expected a law-abiding person who is confused about the law
\nor disenchanted with a processto approach the appropriate judicial
\nauthorities to seek redress instead of resorting to self-help and
\nembarking on criminal acts in the name of being aggrieved.<\/p>\n
(b).On the second issue raised above which is the claim by the Mr.
\nGaladima that APC delegates have decided to take control and given
\nlegitimacy to APC as well as formed the Reformed APC, this only reveals
\nthe extent of disregard for our laws and constituted authorities by this
\ngroup. You have to ask them at what point did they conduct congresses to
\nelect delegates to their Political Party? Or was it the same delegates who
\nconducted themselves in an orderly manner at the APC convention of June
\n23, 2018 that this group speaks of 10 days after? Does this group realize
\nthat political parties are not conjured into existence by wishful thinking
\nbut by careful compliance with the cumbersome process of registration laid
\nout in section 78 of the Electoral Act 2010? There is no provision for
\ncivilian coups in the constitution of APC and any suggestion that their
\naction was carried out in consonance with the APC constitution is as
\nmisconceived as it is mischievous.<\/p>\n
(c).On the third point of the R-APC electing executives across the
\ncountry, the question to ask this group that claims to be aggrieved
\nbecause of an alleged breach of a provision in the APC constitution
\nrequiring \u2018yes\u2019 and \u2018no\u2019 voice vote is, where did they hold their own
\nconvention? Is it not a requirement of the same APC constitution that
\npositions must be subjected to election either democratically of through
\nconsensus? Were the so called executives of this new contraption elected
\nby consensus or by contestation? Have they ever heard of or read the
\nprovisions of Section 85 of the Electoral Act? Have they seen the
\nGuidelines for the Registration of New Political Parties 2014? Where
\nofficials of the Independent National Electoral Commission (INEC) at their
\nimaginary congress? These are questions that speak to the real intent of
\nthis group which is to perpetuate impunity, breach public peace by causing
\npolitical pandemonium and reap benefits from the vandalization of our
\ndemocratic process. But APC will not allow that.<\/p>\n
ALSO READ: 3 Million-Youth March In Kano To Counter R-APC<\/p>\n
CONSEQUENCES OF THEIR ACTION:
\nSome of the immediate consequences of the action of Mr. Galadima is that
\nhe and his gang (unless those who have disassociated themselves from his
\nPress Release) have committed several criminal infractions as well as
\ngiven rise to civil injury against the APC which include;<\/p>\n
IMPERSONATION:
\nMr. Galadima in his Press Release copiously referred to himself as the
\nsubstantive Chairman of R-APC a variant of APC whilst he knows fully well
\nthat there is indeed no such political party in Nigeria. Also, he also
\nsuggests that he is the substantive Chairman of APC even though he knows
\nthat Com. Adams Oshiomole is indeed the party Chairman and Mr. Galadima
\nnever contested for Chairmanship at the just concluded convention of the
\nAPC. In the circumstance, Mr. Galadima has committed the offence of
\nPersonation as defined and punishable under Section 484 of the Criminal
\nCode and the authorities will be requested to do their work in bringing
\nhim to account.<\/p>\n
FRAUDULENT MISREPRESENTATION:
\nTo the extent that Mr. Galadima continues to perpetuate a falsehood
\nknowing such falsehood of him forming a Political Party overnight and
\nbeing Chairman either of same party or APC indeed to be untrue yet
\npersists for the purpose of gaining either pecuniary or other benefits, he
\nis guilty of fraudulent misrepresentation. In Ikechukwu Ikpa vs. The State
\n(2018) 4 NWLR Part 1069 Page 175 \u2013 240, the Supreme Court defines
\nFraudulent Misrepresentation to mean;\u2018a false statement that is known to
\nbe false or is made recklessly without knowing or caring whether it is
\ntrue or false and that is intended to induce a party to detrimentally rely
\non it\u2019.<\/p>\n
In this case, Mr. Galadima knowingly made his false statement with the
\nclear intention of deceiving Nigerians to abandon the APC and instead
\nfollow him and his gang.<\/p>\n
CONDUCT LIKELY TO BREACH PUBLIC PEACE:
\nWithout a doubt, the declaration of Mr. Galadima if left unchecked is
\ncapable of leading to the public nuisance and a breach of peace across
\nCountry. Our loyal members are already agitated by the incendiary action
\nof this group which runs counter to the beliefs, principles and creed of
\nthe APC.<\/p>\n
BREACH OF TRADEMARK AND INFRINGEMENT OF COPY RIGHT:<\/p>\n
This for us is one of the key points of this address. We trust relevant
\nauthorities to deal with the criminal conducts of this group. However as
\nit touches on our brand we are forced to quickly take steps to protect it
\nfrom being subjected to erosion by the thoughtless actions of this group.<\/p>\n
As Nigerians are aware, the coinage APC is both a mark and a copy right
\ncapable of being protected under the common law principles of passing off
\nas well as under the extant provisions of the Copyright\u2019s Act. Nigerians
\ncan only imagine what it would be like if we were to wake up one morning
\nto a bank claiming to the Reformed First Bank Plc or a Construction
\ncompany claiming to be the Reformed Julius Berger Plc formed by a group of
\nits directors allegedly because they disagree with certain decisions taken
\nat the board meeting! This will be viewed as a blatant assault on the
\nbrand for which both civil and criminal recourse can be sought.<\/p>\n
So is it in this case that APC is a brand owned by its teeming members who
\nhave invested the National Executive Committee and other organs of the
\nparty with the power to protect this brand from abuse and erosion. We
\npractice a multi-party democratic system and therefore cannot stop Mr.
\nGaladima from forming his own political party if he so desires. However,
\nhe will not be allowed to do so using the APC brand. For the infringement
\nso far committed by Mr. Galadima and the odium he has brought upon the APC
\nbrand we will be seeking civil redress against his person and that of his
\ngroup. With respect to the criminal aspect of his conduct, we will be
\nnotifying the appropriate authorities to do the needful.<\/p>\n
Fellow Nigerians, in 2015, we witnessed a seismic event where for the
\nfirst time in our political history an opposition party defeated an
\nincumbent. We opened our arms to work with all Nigerians because we
\nbelieve in the inherent goodness of all Nigerians. However, we have had to
\nbattle with the manifest desperation of a few overlords who consider every
\nsegment of Nigeria their personal property. The government of President
\nMuhammad Buhari and the leadership of our great party are committed to
\nwinning the battle for the soul of Nigeria, securing it from further
\npillaging by these rent seekers and deliver the dividends of democracy to
\nall Nigerians without regards for tribe, religion and social status.<\/p>\n
This requires us to cleanse our political process of people who have
\nbecome accustomed to brigandage and being unruly. Politics and leadership
\nare enterprises that should summon the best in us not expose the worst in
\nus. Let those who are in doubt hear this, APC under the current leadership
\nwill work with the leadership of President Muhammad Buhari to sanitize our
\npolitical space and we will start with Mr. Galadima and his group to show
\nthat there is no room today for the impunity of old.<\/p>\n","protected":false},"excerpt":{"rendered":"
Babatunde Ogala, National Legal Adviser of the All Progressives Congress (APC), says the party will institute legal action against Buba Galadima for the \u201ccriminal acts\u201d of forming the Reformed-All Progressives…<\/p>\n","protected":false},"author":1,"featured_media":62246,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-62873","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n