For the All Progressive Congress (APC), the day of reckoning was further shifted when a Federal High Court in Abuja yesterday rescheduled hearing in a suit filed by the African Peoples Congress (APC) seeking the declaration of the registration of the mega party by the Independent National Election Commission (INEC) in 2012 as illegal.
When the case came up yesterday, the African Peoples Congress, which claims to be the original and rightful owner of the acronym APC, told the court that the party had two pending applications that were yet to be heard but, however, withdrew one of the applications where the party sought to restrain INEC from registering the All Progressives Congress as a political party, since INEC had already registered it.
The party’s lawyer, Ikoro. N. Ikoro, told the trial Judge, Justice Gabriel Kolawole: “This matter was pending in court but INEC went ahead to register the All Progressives Congress. So, it is no longer relevant.”
Justice Kolawole thereafter struck out the application, since INEC did not oppose the withdrawal.
Ikoro told the court the litigant was ready for the hearing on the second application, but INEC’s lawyers led by Ibrahim Bawa objected to taking the application, saying: “We are in court today to argue on the motion that sought to restrain INEC from registering the All Progressives Congress which has been struck out. The pending application now is that the court declare as illegal the registration of APC as a political party by INEC, since the matter was before the court.”
Ikoro had in the court processes argued that “Section 66(a) of Nigerian Constitution stated clearly that when a suit is pending before the court, all parties in the matter should maintain status quo, awaiting the full determination of the suit.” He therefore pleaded with the court to timeously determine the matter because it was in the national interest.
After listening to all parties in the dispute, Justice Kolawole adjourned till Thursday, 3 June to hear that application.
National Legal Adviser of African Peoples Congress, Barr. Nnadi Kingsley, had said in a statement issued on Monday in Abuja that yesterday’s court battle was “the second to the last victory required by the AFRICAN PEOPLES CONGRESS, APC (the original and first applicant for the APC acronym) to fully own the APC Party.”
He said that if things turned out as expected, the court would “after considering the injunctive motion to nullify the purported registration of the APC by INEC, go ahead and give us date for the adoption of our written addresses for the main suit and eventually date for judgment in the substantive suit after which we hope to reclaim our APC and start our 2015 campaign activities.”
Continuing, Kingsley said: “Meanwhile, we urge the media to stand by us as we walk this last road to victory. The implication of a positive ruling tomorrow will nullify the plans of our rival APC to participate in the Ekiti and Osun election as the stolen party platform they intend to use will no longer be existing and their illegal plot to hold a national convention will no longer be feasible.
“We are fighting a just fight to reclaim what rightly belongs to us and will not bow to intimidation or blackmail. It is also important for the media and Nigerians to note that in March 2013 we applied for registration as a political party with the name African Peoples Congress, APC and dully paid and completed all the required process but INEC acting on baseless reason denied us registration. Be reminded also that the Electoral act under Section 79 mandates a political association denied registration to seek a judicial review within 30 days during which the contentious name and acronym will not be available until the court makes a pronouncement. We filled for judicial review in accordance with the Law and INEC who was the main party in the court process went ahead to register our rival APC with the same acronym as the one we are in court seeking to restore which was a stupid and deliberate action to perpetrate illegality. It is in view of the above that we are now asking the court tomorrow to undo the illegality committed by INEC by going ahead while the court has not delivered judgment to register a party with the acronym based on the principle of lis pendens.”
•Photo shows APC national leaders, Muhammadu Buhari and Bola Tinubu.
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