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The original suit was filed by the African Peoples Congress.
The Federal High Court in Abuja presided over by Justice Gabriel Kolawale on Thursday delivered a ruling on the suit of African People’s Congress, APC.
The African Peoples Congress and the All Progressives Congress had been engaged in a battle of ownership of the acronym, APC, before the Independent National Electoral Commission, INEC, denied the registration application of the former.
Thursday’s ruling centered on the application of a faction of the Alliance for Democracy (AD) asking to be joined as a defendant in the suit by the African People’s Congress against INEC over its denial of registration.
The judge described the application of the AD as frivolous, abuse of court process and a calculated attempt by the applicant to waste the time of the court as they did not show any cause of action. The court struck out the application immediately.
Drama
Shortly after the ruling, drama followed as a new group, Peoples Socialist Movement, moved another motion to be joined as defendant in the suit. The judge was infuriated by the numerous applications by different groups to be joined in the suit. He warned the lawyer of the new group that if he discovers that the application is frivolous like that of the AD he will award cost on the lawyer.
The lawyer, who became mute for few seconds, seemed confused as to whether to withdraw the application. He reluctantly went ahead to justify his presence in court.
Falana’s application
The judge, upon going through the case file, saw an undated motion filed by radical lawyer, Femi Falana, for another group bearing the name, African People’s Congress. The latter claimed to be a non-governmental organization, and sought a stay of proceedings by the court as it has filed a notice of appeal at the Court of Appeal.
The group sought to quash the decision of the Federal High Court in granting the plaintiffs leave to seek judicial review against INEC. The judge descended heavily on the application of Mr. Falana saying it was smuggled into his file without a date. The judge said the application was served only on the plaintiffs without duly serving INEC.
He further said nobody could use the court processes to delay him from hearing the substantive suit.
Mr. Kolawole said politicians should not use his court to play politics and that INEC should be aware that the case is properly before him. He said he would deliver judgement on the matter after completion of due processes whether or not INEC registered any party by the acronym.
The judge adjourned ruling on the applications of the People’s Socialist Movement and Mr. Falana to July 18.
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