How APC Overcame Legal and Institutional Hurdles to Secure Registration in 2013

By Okoi Obono-Obla 

How APC Overcame Legal and Institutional Hurdles to Secure Registration in 2013:

We did not resort to whimpering, bluster, blackmail, or threats to destabilize the country when confronted with myriad institutional problems and stumbling blocks during the formation and registration of the All Progressives Congress (APC) in 2013. At that time, the defunct Action Congress of Nigeria (ACN), the All Nigeria Peoples Party (ANPP), the Congress for Progressive Change (CPC), and factions of APGA and the Democratic Peoples Party (DPP) were negotiating the merger. The challenges we faced were even greater than what the African Democratic Congress (ADC) is contending with today. Yet, we tackled them headlong, deliberately, painstakingly, and with equanimity—qualities expected of anyone determined to succeed despite obstacles.

Only National Chairmen and National Secretaries of the ACN, ANPP, and CPC not embroiled in factionalism signed and submitted documents to the Independent National Electoral Commission (INEC).

The CPC itself was in turmoil. Its interim National Chairman, Senator Rufai Hanga, challenged the legality of the National Executive Committee (NEC) elected in January 2011 under Prince Tony Momoh. He filed suits in the High Court of the Federal Capital Territory, Abuja, claiming he was the rightful chairman and custodian of CPC’s certificate of recognition. Alongside some members of the former National Working Committee, he contested their removal. As CPC’s legal counsel, I led the team that defended these cases before Honourable Justice Banjoko (now of the Court of Appeal). Both suits were dismissed, clearing the path for CPC’s participation in the merger.

To navigate the legal complexities, the Joint Inter-Party Merger Committee established the INEC and Legal Compliance Subcommittee, chaired by Senator George Akume (now Secretary to the Government of the Federation). The secretary was Barrister James Ocholi SAN (of blessed memory), later Minister of Labour (2015–2016). I served as a member, helping to examine all legal issues and liaise with INEC to ensure smooth consummation of the merger.

We diligently studied the 1999 Constitution (as amended), the Electoral Act 2010, and other extant laws, anticipating that the PDP-led Federal Government might attempt to obstruct the process. The most formidable challenge came from the African Peoples Congress, a political association sponsored by a PDP chieftain. It filed a suit in the Federal High Court, Abuja, seeking to stop INEC from registering APC on the grounds of acronym similarity. We robustly defended the case, demonstrating that APC had submitted its registration long before the African Peoples Congress. Justice James Kolawole dismissed the suit in July 2013, paving the way for INEC to register APC on 31 July 2013.

Looking back, APC’s formation was anything but smooth. It was fraught with challenges, but its leaders addressed them squarely without passing the buck to INEC or external actors. This stands in contrast to the approach of ADC leaders today when faced with similar hurdles.

Conclusion: The APC’s successful registration in 2013 was the product of resilience, legal acumen, and strategic compromise. It serves as a reminder that political success requires confronting challenges directly, not deflecting responsibility.