A four point criminal charge has been slammed against the leaders of the Buba Galadima led Reformed All Progressives Congress, RAPC by the All Progressives Congress, APC.
The National Legal Adviser of the APC, Mr. Babatunde Ogala in a statement at the weekend also denounced the formation of the group as grievous to law saying that its emergence was likened to a coup. Asserting that the convention was properly organised against the claim of the RAPC, Ogala said that the convention was the culmination of a series of congresses even as he affirmed that the Galadima group did not follow such route.
He also said the APC national convention was validated by Independent National Electoral Commission, INEC officials. He thus laid a four count charge of impersonation, fraudulent misrepresentation, conduct likely to breach the peace and Breach of Trademark and Infringement of Copy Right.
He 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 fully 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 the Country.
The act mark 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.“
