R-APC: APC seeks prosecution of Galadima, others
The national leadership of the All Progressives Congress (APC) has called for the prosecution of the leadership of the Reformed All Progressives Congress (R-APC) for impersonation.
The APC National Legal Adviser, Mr. Babatunde Ogala, made the call yesterday in a position paper countering the R-APC. Ogala also accused the group of fraudulent representation of facts. In a document obtained yesterday, the National Legal Adviser said that Buba Galadima copiously referred to himself as the substantive Chairman of R-APC, a variant of APC while he knows full well that there was indeed no such political party in Nigeria. Also, he said Galadima suggested being the substantive Chairman of APC even though he knows that Comrade Adams Oshiomhole was indeed the party’s national chairman. He said Galadima never contested for chairmanship at the just-concluded convention of the APC.
“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,” the APC legal adviser stated. Ogala said that Galadima’s presentation and arguments were fraudulent misrepresentation.
His words: “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.”
Similarly, he said Galadima’s conduct was likely to breach public peace and breach of trademark and infringement of copyright. He said: “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 the 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. “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 copyright 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 multiparty 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.
“…Let those who are in doubt hear this, APC under the current leadership will work with the leadership of President Muhammadu 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.”