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Monday, 9 July 2018

Breaking: APC files 4-charge 'criminal' suit against R-APC members

Breaking: APC files 4-charge 'criminal' suit against R-APC members

- A four-count criminal charge has been laid by the APC against the factional Reformed-APC

- The party's legal adviser said the actions by the aggrieved party members is criminal

- Babatunde Ogala said the R-APC members' conduct is a breach of trademark and infringement of copy right

The ruling All Progressives Congress (APC) has filed a four-count charge against members of the newly formed Reformed- APC.

The national legal adviser of the APC, Babatunde Ogala, denounced the formation of the factional APC led by Buba Galadima.

In a statement released over the weekend, Ogala said the action of members of the R-APC is griveous to law and can be linked to a coup.

Vanguard reports that Ogala said that against the claim of factional party members, the APC convention which was held in Abuja was properly organised and approved by the Independent National Electoral Commission (INEC).

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He said the party following the action of the aggrieved members has laid a four count charge of impersonation, fraudulent misrepresentation, conduct likely to breach the peace and breach of trademark and infringement of copy right.

Ogala said: “Mr. Galadima in his Press Release copiously referred 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.

"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 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.

"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; “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.

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"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," he said.

Meanwhile, Ujuayalogu'sBlog previously reported that as widely speculated, some members of the R-APC leaders allegedly refused to dump the APC for the new faction. These leaders reportedly include 52 senators and over 184 Representatives.

Also, there are some other leaders in the ruling party who are tipped to join the new faction or another party entirely.

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