Dr. Ogbonnaya Onu, National Chairman of the All Nigeria Peoples Party (ANPP), on Saturday, May 11, 2013 as party members during the ANPP dissolution convention in Gusau, Zamfara State unanimously resolved to endorse the ongoing merger with the two major political parties in the country, stressed that time has come for the Peoples Democratic Party (PDP) to start preparing to be in opposition come 2015. He stated that the Merger Party, All Progressives Congress (APC) came at the right time to rescue the country from imminent collapse and incessant bomb blasts and violence.
Over 6,000 delegates from the thirty six states and Abuja, who are members of the All Nigeria Peoples Party, ANPP, converged in Gusau, the capital of Zamfara State, Saturday, May 11, 2013 to unanimously approve the recommendation of its merger committee, to merge with the Action Congress of Nigeria, ACN; and the Congress for Progressive Change, CPC; to form a mega party, the All Progressives Congress, APC. The motion for the merger was moved by Suleiman Argungu, former Deputy Governor of Kebbi State. It was seconded by the party’s chairman in Cross Rivers State, Martins Bisson. The party’s national legal adviser, Salisu Fagge, who moderated the session thereafter asked the delegates to raise their hands if they agree to the motion moved by Mr. Argungu. The motion was unanimously passed.
The national chairman of the party, Ogbonnaya Onu, in his speech, said the National Working Committee under his leadership restored the party’s image in the eyes of Nigerians. He stated that when the present party administration took over two and a half years ago, many had difficulty, distinguishing ANPP from the ruling party PDP but now however, the ANPP has a distinct image as an independent political party full of promise
Mallam Ibrahim Shekerau, ANPP 2011 Presidential Candidate
while promoting strong internal democracy. Dr. Ogbonnaya Onu also said the 14 years of PDP rule has brought nothing but unnecessary killings: “Nigeria at the moment knows no peace, yet we are not at war. People go to Churches and Mosque, unsure if they will return alive, most families cannot provide lunch and dinner, and many children go to bed on empty stomach.” Despite Nigeria being rich, most Nigerians are poor.
Dr Ogbonnaya Onu reiterated that politics without opposition is in vain and is like business without competitors. Opposition is necessary for a healthy and enduring democracy in Nigeria. He said that imposing one political party on the citizens of a country often degenerates and leads to disaster as has been the case and the sad experience of some Arab nations and other countries facing internal crises and social disasters resulting from denial of transparency and democratic justice. “We as a nation,” he insisted, “agree to strand firm for a change from the existing reign of confusion, injustice, selfishness and focus-less leadership of the ruling party.” A total of 6,054 delegates from the 36 states of the federation and Abuja attended the event at the Zamfara Trade Fair complex.
A Federal High Court sitting in Abuja presided over by Justice A.F.A Ademola, on Wednesday, cleared the way for the National Convention of the Congress for Progressive Change (CPC) slated for Saturday, in Gusau, the capital of Zamfara State.
The court dismissed a case filed by some former senators and House of Representatives members from Katsina State against the party seeking to nullify the CPC national convention held in the Eagle Square, Abuja in January 2011 that produced the present national officers of the party.
From L to R: Chief Tony Momoh, Gen. Buhari & Dr. S. Okechukwu Mezu
A statement by CPC National Publicity Secretary, Mr Rotimi Fasakin, recalled that in the suit No.FHC/ABJ/CS/302/2012, Honourables Mohammad Tukur Sada, Aminu shiru; Murtala Isah; Umar Dankama Abdu; Umar Adam Katsayal; and Alhaji Ahmad Zago Haruna, Dr Yusha U Armayu and Alhaji Shehu Ningi Barau as plaintiffs had sued the party, the National Chairman, Prince Tony Momoh; Alhaji Sule Hamma; Mr Buba Galadima and the Independent National Electoral Commission (INEC) seeking to nullify the outcome of the convention.
In his judgment, Justice Ademola upheld the objection filed by the CPC and three of its principal officers who were among the defendants, saying from the totality of the evidence before the court based on the reliefs contained in their originating summons, the plaintiffs woefully failed to show that they have locus standi to file the case.
He held that the plaintiffs failed to show that they were candidates in the election to elect members of the CPC National Executive Committee during the said convention.
Justice Ademola also held that the suit was statute-barred because the letter written by the INEC dated January 11, 2011 on which the plaintiffs premised their case established that the cause of action arose on January 12, 2011 but that the plaintiffs filed their case more than one year after the cause of action arose.
The judge noted that by virtue of Section 2 (1) of the Public Officers Protection Act, 2004, the case was statute-barred and therefore dismissed the case and awarded a cost of N10,000 each against all the plaintiffs in favour of the defendants.
The plaintiffs had also sought other reliefs such as: an order of the court that the national convention of the first defendant (CPC) held between January 4 and 6, 2011 contravened Article 27 (i) (j) and (k) and Article 27 (c) (i) of the CPC Constitution and should be declared null and void and no effect; that the second, third and fourth defendants (Tony Momoh; Alhaji Sule Hamma; Mr Buba Galadima) elected at the convention were not validly elected and their said election be declared null and void, and that the second and fourth defendants be restrained from functioning and parading themselves as the National Chairman and National Secretary of the party.
On April 18, 2013, over 4,000 delegates at the Action Congress of Nigeria (ACN) convention officially approved the merger of various parties into APC.
The 4,000 plus delegates at the convention officially approved the merger of the party with three others (ANPP, APGA, CPC) to form the All Progressives Congress (APC).
The delegates also approved the retention of the broom symbol as the APC symbol at Thursday’s national convention at the Onikan Stadium in Lagos.
ALL PROGRESSIVES CONGRESS (APC) v INEC, ET AL. by Dr. S. Okechukwu Mezu
In the words of C. P. Scott of The Guardian [UK],”Comment is free, but facts are sacred.” The facts about the formation of the proposed merger of political parties in Nigeria “All Progressives Congress” are sacred and known to every Nigerian.
1) In an article entitled “APC: The battle is set,” Emmanuel Aziken, February 8, 2013 spoke about the unveiling of APC, “the special purpose vehicle with which the country’s major opposition parties hope to contest the political space with the dominant Peoples Democratic Party.” The parties in question are the Action Congress of Nigeria (ACN), the Congress for Progressive Change (CPC) the All Nigeria Peoples Party (ANPP) and a section of the All Progressive Grand Alliance (APGA).
2) Thereafter, the APC was unveiled by Chief Tom Ikimi in a widely publicized press briefing on February 6, 2013 that captured the attention of the whole country. APC announced plans to formalize the merger with the Independent National Electoral Commission in accordance with Section 84 of the electoral act which stipulates guidelines for the merger of political parties:
“Any two or more registered political parties may merge on approval by the commission following a formal request presented to the commission by the political parties for that purpose.
“(2) Political Parties intending to merge shall each give to the Commission 90 days notice of their intention to do so before a general election.
“(3) The written request for merger shall be sent to the Chairman of the Commission and shall be signed jointly by the national chairman, secretary and treasurer for the time being of the different political parties proposing the merger and shall be accompanied by:-
(a) a special resolution passed by the national convention of each of the political parties proposing to merge, approving the merger;
(b) the proposed full name and acronym, constitution, manifesto, symbol or logo of the party together with the addresses of the national office of the party resulting from the merger; and
(c) evidence of payment of administrative costs of N100,000 or as may be fixed from time to time by an Act of the National Assembly.
“(4) On receipt of the request for merger of political parties, the commission shall consider the request; and if the parties have fulfilled the requirements of the constitution and this Act, approve the proposed merger and communicate its decision to the parties concerned before the expiration of thirty (30) days from the date of the receipt of the formal request.
“PROVIDED that if the commission fails to communicate its decision within 30 days the merger shall be deemed to be effective.
“(5) Where the request for the proposed merger is approved, the commission shall forthwith withdraw and cancel the certificates of registration of all the political parties opting for the merger and substitute therefore, a single certificate of registration in the name of the party resulting from the merger.
“(6) Notwithstanding the provisions of subsection (2) of this section no merger of Political Parties received by the commission less than 90 days before any general election in the country shall be considered by the commission.”
The signatories were Ikimi (ACN), ex-Governor Ibrahim Shekarau (Chairman, Merger Committee, ANPP), Senator Annie Okonkwo (representative of APGA) and ex-Deputy Governor Garba Mohammed Gadi (Chairman, Merger Committee of CPC).
Babatunde Fashola (Lagos), Kayode Fayemi (Ekiti), Rauf Aregbesola (Osun), Ibikunle Amosun (Ogun), Abiola Ajimobi (Oyo), Abdul-Aziz Yari (Zamfara), Kashim Shettima (Borno), Senator Dejare Alkali representing Ibrahim Gaidam (Yobe), Tanko al Makura (Nasarawa), and Rochas Okorocha (Imo).
3) Alhaji Bamanga Tukur, National Chairman of PDP, the governing party, took note of the proposed alliance and stated that PDP would not be rattled by its formation. Chief Olisa Metuh of the PDP called on the new party to engage the administration and the PDP on ideals and issues of governance.
4) The Independent National Electoral Commission (INEC) equally took note of the proposed merger of the parties to form APC stating that they could only transform into APC after fulfilling all the conditions in Section 84 of the Electoral Act including holding separate national conventions to ratify their decision to merge.
“As far as INEC is concerned, we have only noted the new aspiration of the four parties. We have not received any letter on the merger. The parties know what is involved in a merger. That is why they are yet to communicate INEC. One thing is clear, the Electoral Act gives room for merger of parties after all procedures have been complied with. It is left to the parties to take advantage of the law. So, the question of illegality does not arise yet. The final decision to approve the merger or not is solely that of INEC.” The Nation, Saturday, 9 February 2013.
From left: Chris Ngige, Kabiru Gaya; George Mughalu; CPC Merger committee chairman, Garba Gadi; Chairman Merger committee,Tom Ikimi; Chairman, ANPP Merger Committee, Ibrahim Shekarau; Segun Osaba and Ahmed Yerima during the unveiling of the new party name in Abuja. Courtesy Vanguardngr.com
5) On Tuesday, March 12, 2013, the nation woke up to hear that a new party African Peoples Congress, was in the process of filing its papers for registration as a political party in Nigeria with the same acronym APC already staked by All Progressives Congress.
6) If quoted correctly, Chief Olisa Agbakoba, SAN was not quite correct when he said “It is a bit disappointing that the new opposition party overlooked a very important issue of securing registration of its name. In any enterprise that you embark on, the first thing is to secure your trade name…. So INEC is not wrong to receive a name that sounds like that of APC and because you cannot have two APCs, the opposition will obviously have to look for a fresh name, unless, of course, the first party that registered is not going to pursue its registration.” INEC definitely is not wrong to receive “a name that sounds like that of APC” but INEC would be morally and legally wrong to “register” another party with the acronym “APC.” Here are the reasons.
7) There is statutory law (equitable, or civil) embodying legislative enactments and there is common law based on societal customs as recognized and enforced by judgments of the courts. Statutes, regulations and the common law prohibit any fraudulent, deceptive or dishonest trade practice. Unfair competition also prohibits the appropriation by a competitor of the economic and intellectual creations of, and the goodwill and reputation generated by, another business. Such unfair competition includes the infringement of copyrights, trademarks, patents, trade names and trade secrets.
8) All Progressives Congress by announcing the proposed formation of the merger, presenting its acronym, articulating its motto and purpose and publicly displaying its logo has created its identity and announced it to every Nigerian and to the world. The name is unique, the logo distinctive and non-generic. It has met all the conditions precedent to merit protection from infringement. Protection, legally is provided through registration of the trade name and registration of the trade mark. In the United States of America infringement claims may be brought at the federal level under the Lanham Trade Act (15 U.S.C.A. §§ 1051 et seq.) and at the state level additionally under common law doctrines and intellectual property statutes. Under common law, All Progressives Congress recognizable acronym and distinctive logo confer on it legal protection even absent any formal registration with the Corporate Affairs Commission or the Registrar of Trade Marks. As such any appropriation of the name, logo or trade mark constitutes theft even in the strictest construction of the word. All Progressives Congress is entitled to the exclusive use and enjoyment of the acronym (APC) and the logo as designed.
9) Copyright and patent laws generally give individuals and corporations exclusive rights to works, ideas, concepts they create especially as in the case of All Progressives Congress after days and months of planning and brainstorming by notable individuals spread across the country which included three major political parties and a faction of APGA, ten state Governors and representatives of the people on the state and federal levels. It is therefore tortious for any individual to use or appropriate the acronym “APC” or its likeness after it had been extensively advertized nationally by its creator All Progressives Congress. It is equivalent to impersonation, the appropriation or misappropriation of the name, acronym, image and likeness of an individual whether personal or corporate. Such impersonation is of course justiciable.
10) The case of Data Concepts, Inc. v. Digital Consulting, Inc. in the United States shows that trademark infringement is a mixed question of fact and law and the first for instance to register a trade name in contention may not be able to keep its use. In the USA, Brookfield Communications v. West Coast Entertainment Corp. shows that even “registration does not in itself constitute ‘use’ for purpose of acquiring trademark priority.” The determinant law of course is who has a prior or superior right to the mark or acronym. All Progressives Congress began using the acronym (APC) on February 6, 2013. All other claimants or pseudo-claimants (African Peoples Congress (APC) and All Patriotic Citizens (APC) or any other variant, born or unborn is a junior claimant to the acronym and cannot or should not displace All Progressives Congress as the prime and senior owner of the acronym having first publicized its ownership of the acronym and the pseudo-claimants, as well as INEC and other Nigerian publicly and openly had knowledge of that ownership through open disclosure to friend and foe of that fact.
11) Therefore any attempted use of that acronym (APC) by any competing organization constitutes an infringement in the same political market place called Nigeria. By common law, All Progressives Congress has the right to use the acronym “APC” conferred on it by priority of use and by implication the right to register it when it has met the required conditions with INEC. For instance, the Lanham Act in the United States determines who has priority rights in a mark from establishing who was the first to use it to identify his or her goods.
12) A logical inclination would be for All Progressives Congress to go to court and obtain an injunction restraining INEC from registering any party with the acronym “APC” because of the priority of its use and the superiority of its claim. What happens if the case becomes mired in the landmines of Nigerian courts from the High Court through the Appellate levels to the Supreme Court? All Progressives Congress should quietly follow the constitution, hold its convention and present its application for merger formally to Independent National Electoral Commission. INEC for once will do the right thing for the progress and enthronement of democracy in Nigeria. INEC is now facing the International High Court of Justice.
The All Progressives Congress (APC) on March 6, released the logo, slogan and motto of the party, which is seeking to be registered by the Independent National Electoral Commission (INEC).
A statement by Alhaji Lai Mohamed, the spokesman of the Action Congress of Nigeria (ACN), stated that the joint merger committee of the Action Congress of Nigeria (ACN), a section of the All Progressives Grand Alliance (APGA), the All Nigeria Peoples Party (ANPP) and the Congress for Progressive Change (CPC) with nine of the progressive governors in attendance unanimously agreed on a logo, slogan and motto. “With this milestone achievement, the political landscape in the country has been irreversibly altered,” he continued. “The slogan is CHANGE and the motto is Justice, Peace and Unity.” The statement said. The three major parties – Action Congress of Nigeria (AC N), Congress for Progressive Change (CPC) and the All Nigeria Peoples Party (ANPP) – that make up the APC would cease to exist after the proposed first APC National Convention in April, 2013. The convention will ratify the merger and the formation of the new party.
Lagos State Governor Babatunde Fashola hosted the meeting. In attendance were AC N governors – Kayode Fayemi (Ekiti), Rauf Aregbesola (Osun), Ibikunle Amosun (Ogun) and Abiola Ajimobi (Oyo); ANPP Governors in attendance included Abdul-Aziz Yari (Zamfara), Kashim Shettima (Borno) and Ibrahim Gaidam (Yobe), who was represented by Senator Dejare Alkali.; CPC Governor Tanko al Makura (Nasarawa); APGA Governor Rochas Okorocha (Imo); Edo State Governor Adams Oshiomhole could not attend but endorsed the talks. Action Congress of Nigeria (ACN), Congress for Progressive Change (CPC) and All Nigeria Peoples Party (ANPP) are the major parties in the newly formed APC merger.
For Further Information please contact:
Dr. S. Okechukwu Mezu or Dr. Salim Farouk via email: info@allprogressivescongress.org
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