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R-APC APC threatens to sue faction for impersonation, others

The party accuses the faction of perpetuating a falsehood capable of leading to public nuisance and a breach of peace across country.

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Reps beg Buhari to arrest Oshiomhole play President Muhammadu Buhari with APC national chairman, Adams Oshiomhole (Punch)

The All Progressives Congress (APC) has vowed to file a lawsuit against the Reformed All Progressives Congress (R-APC), a faction of the party led by Buba Galadima.

The R-APC had announced at a press conference on Wednesday, July 4, 2018, that the APC has been running a ruthless and incompetent government that has failed to deliver good governance to the people of Nigeria.

With the group's emergence having raised eyebrows since last week, the National Legal Adviser of the APC, Babatunde Ogala, has disclosed that the party will be taking the faction to task for impersonation, fraudulent misrepresentation, conduct likely to breach the peace and Breach of Trademark and Infringement of Copy Right.

According to a report by Vanguard, Ogala accused Galadima's faction of perpetuating a falsehood capable of leading to public nuisance and a breach of peace across country.

He said, "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 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.

"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.

"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.

"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."

Ogala warned that the APC will work hard against the likes of Galadima's R-APC to sanitise Nigeria's political space to demonstrate that there's no room for impunity.

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