The Federal High Court sitting in Abuja and Presided over by Justice Kolawale (Court 5) will tomorrow(27th May,2014) at the resumed hearing in the APC registration battle suit (filed by African Peoples Congress APC) deliver ruling in an injunctive application seeking to nullify the Registration of our rival APC(All Progressive Congress).
This historic and landmark application will be heard and determined tomorrow being the 27th of May, 2014 as directed by the Judge in the last adjourned date.
The court is being prayed tomorrow to grant the following two Orders as listed in our motion papers-
“ AN ORDER of the Court in the exercise of its disciplinary Jurisdiction annulling, setting aside and voiding the action of INEC in registering All Progressive Congress with the acronym APC notwithstanding the pendency of this present suit.
“AN ORDER of the Court in the exercise of its disciplinary Jurisdiction setting aside and voiding any steps taken by INEC to facilitate the registration of the said All progressive Congress APC after becoming aware of the pendency of the suit, in contravention to the doctrine of Lis pendens.
It must be noted that tomorrow’s legal battle is 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.
A press statement on Monday by Barr. Nnadi Kingsley,National Legal Adviser (APC) African Peoples Congress said “We wish to inform you also that at the last sitting, the court delivered three favorable rulings striking out the three main useless motions filled by paid agents of our rival APC to stall the conclusion of the legal hearing on the APC registration battle. The ruling of the court in our last sitting removed the last three obstacles holding the conclusion of the suit.
“By tomorrow if all go as expected, the court will 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.
“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.
The statement said “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 People’s 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.
“Our team of lawyers made up of two SANs and Three Senior Lawyers will be lead tomorrow by our lead Counsel and Senior Advocate, Barr AWA KALU,SAN. All Officers and supporters of APC (AFRICAN PEOPLES CONGRESS) will depart our National Hqrs in solidarity to the Court by 10am Tomorrow”the statement said.
