A Federal High Court sitting in Abuja, on Tuesday, granted leave to one of the associations jostling to be registered under the acronym of APC, African Peoples Congress, to proceed with hearing in its suit seeking a judicial review of the decision of the Independent National Electoral Commission (INEC), which rejected its application for registration as a political party.
Delivering ruling on the ex parte application brought by the party, Justice Gabriel Kolawole granted the party leave of the court to hear and adjudicate on the application filed in suit number FHC/ABJ/CS/224/2013.
The court subsequently gave the party a week to file all its processes and serve same on INEC.
The ruling has now paved way for a full blown legal battle over the APC name and acronym.
However, no date has been fixed for the hearing in the substantive suit.
Reacting, the leadership of the party commended the ruling, describing it as a vital achievement in the process of restoring the bid of the African People’s Congress (APC) to be registered as a political party.
The court action instituted by the APC was on the strength of the provisions of Section 79 of the Electoral Act, which empowers any association denied registration as a political party by INEC to seek judicial review within 30 days of being notified by INEC.
The plaintiffs numbering about 30, who sued on behalf of themselves and the party, are seeking a declaration that INEC lacked the discretion to refuse to register an association as a political party once the conditions stipulated by the said defendants for registration are met.
In an application filed by their counsel, Ededem Ani of Awa Kalu, they asked the court to declare that being the principal members and promoters of the association known as African People’s Congress had met all conditions of eligibility for the registration of African’s People’s Congress as a political party.
The plaintiffs also wanted an order directing INEC to register the association known as and called African People’s Congress as a political party forthwith and an order prohibiting the registration of any other association known as and called African People’s Congress or having the acronym APC as a political party pending the hearing and determination of their application.
The plaintiffs had hinged their reliefs on the grounds that INEC gave notice to the plaintiffs in directing their intention to apply to register the association called APC as a political party and that INEC outlined in writing to them the conditions which precede the registration of an association as a political party.
They said that they had complied or substantially complied with all the conditions stipulated by the defendant, but the defendant on tenuous grounds declined to register the association known as the ‘African People’s Congress’ as a political party.
In an affidavit deposed to by the acting National Chairman of the party, Chief Onyiye Ikeagwonu and filed in support of the application, the party said the association submitted all relevant documents to INEC in respect of its application.
He further stated that the association had complied with all the requirements for registration, but that INEC had refused to register it.
He averred that for the purpose of the registration of the African People’s Congress, the association paid the defendant on receipt No 085003, dated 04-03-2013, the sum of N100,000 and the sum of N900,000 as payment for the registration of African People’s Congress as a political party.
He said INEC did not at any time inform the association that the N1million paid to it as registration fees would be non-refundable.
According to him,”that the plaintiffs consider the failure of the INEC to refund its registration fees as confirmation that the conditions stipulated by INEC for the registration of the African People’s Congress as a political had been fully complied with.
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