APC gets court’s interim nod to continue fund raising on telecommunication networks

The All Progressives Congress, APC, on Wednesday secured an interim injunction overruling the ban on its fund-raising scheme via telecommunication networks pending the determination of a substantive suit.

An ex-parte application brought by APC counsel, Muiz Banire, on the issue was granted by Justice Ibrahim Buba of a Federal High Court in Lagos.

The National Communication Commission, NCC, had stopped the telecommunications service providers from allowing APC to use the 35350 SMS code to raise funds for its presidential campaign.

Mr. Buba, on Wednesday, ordered that the 2nd to 6th defendants — Etisalat Nigeria, MTN Nig. Ltd, Globacom Ltd, Airtel Nig. and Visafone Communications Ltd — should immediately reactivate the applicant’s presidential campaign fund-raising SMS scheme.

The judge also granted the applicant the leave to serve the respondents the originating summons and other processes outside the court’s jurisdiction.
Mr. Buba adjourned till February 4, to hear the substantive suit.

The APC in the substantive suit had urged the court to award N25 billion damages against the Nigerian Communications Commission, NCC, for allegedly prohibiting its presidential campaign fund-raising scheme.

Also joined in the suit are Etisalat Nigeria, MTN Nig. Ltd, Globacom Ltd, Airtel Nig. and Visafone Communications Ltd.

In a 16-paragragh affidavit deposed to by one Ademola Sodiq, the APC accused the NCC of instructing the 2nd to 6th respondents to discontinue an SMS platform it created for donations for its presidential campaign.

According to Mr. Sodiq, the participatory fund-raising strategy was for members of the public to contribute N100 to the APC’s presidential campaign fund each time they send APC as an SMS to 35350.

Mr. Sodiq explained that the party’s strategy was borne out of its commitment to raise fund for its presidential campaign in a “transparent and accountable manner”.

The deponent said that within few hours of launching the strategy on January 20, the party received a total of 5,400 SMS before the NCC directed the telecommunications service providers to discontinue the scheme.

Mr. Sodiq said that shortly after the APC announced its participatory fund-raising strategy on January 20, the first respondent immediately wrote a letter to the second respondent to stop it.

He said that the NCC warned the networks to avoid running political advertisement/promotions that would portray them as being partisan.

According to Mr. Sodiq, since the purported directive, members, supporters and other Nigerians, who intend to donate to the presidential campaign of the applicant, had been incapacitated.

He said that the action of the 1st respondent had consequently adversely affected the plaintiff’s financial capacity to effectively prosecute its presidential campaign.

Mr. Sodiq said that by banning the APC presidential campaign fund-raising scheme, the NCC contravened Section 39 of the 1999 Constitution.

He also said that the action was a violation of Articles 9 (1) (2) and 19 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

The APC counsel, Mr. Kola Awodein (SAN), urged the court to declare the NCC’s directive as “unconstitutional, illegal, null, void and of no effect”.

He argued that the NCC acted beyond its powers when it gave such directive against the provisions of Sections 39 and 42 of the Nigerian 1999 Constitution. (NAN)


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  • hummm

    When Buhari wins, these parasites will be the first to lobbby him for favors. We are all waiting for you leaches at that time when payback will be beach. I will abandon their useless services and switch over once new competitiors come onboard..

  • tyson

    W-A-R-N-I-N-G!!!
    Presidential Poll: The Grave Mistake Nigeria Cannot Afford – Pa Ayo Adebanjo, Afenifere leader.

    **North have the mentality that they are born to rule, picking a Yoruba VP is just a trick.
    **the Imbalance in Nigeria is why Buhari entered the army with recommendation letter, not the minimum requirement….

  • anneedu

    When jonathan wins I imagin how this man will sink in shame

    • D1

      What is shameful in being in opposition? This is called Democracy! Not everyone has to tag along with Jonathan or believe in his presidency!

  • ucheJ

    Is so unfortunately that! Buhari asured he is going to wine this presidenential election he should beter stop becase is just a dream, too bad for him.

    • Olu Ade

      I pray you wake up from your dream, if not, you may have heart attack on FeBuhari 15, when the result is released and your man is sent packing back to Otuoke.

  • Olu Ade

    Good job Fashola (chairman, APC fund raising) and co. When you are smart and know what you are doing, you go to court to challenge illegality. You don’t continue to whin and spur propaganda like Femi Fani-Kayode on pages of newspaper on a perceived “certificate scandal” that never happened! I can’t wait for FeBuhari 14 to come to kick out the clueless man in Aso Rock.

  • ODOFIN, Lagos

    APC believes in the rule of law…Rule of law will prevail always

  • August January

    What I don’t understand all along is why Fani-Kayode and PDP are afraid of going to court, and join Buhari, APC, and INEC in the suit. Then the court will compel them to bring out necessary documents, including confirmation from WAEC/Cambridge Assessment, if the judge deems it fit to deliver the judgement. At any rate, the main reason they are not confident of going to court is because they are lying, and know fools like you will fall for their lies! Now they’re threatening to pass vote of no confidence on INEC! Losers! Keep on blackmailing Buhari and INEC, and be publishing it on AIT, NTA, in newspapers, online, etc – you’re just helping Buhari to take his campaign to a wider audience full of right-thinking Nigerians. Someone online asked a question some days back: Why is it that APC is campaigning, while PDP is complaining? Losers! Losers!! Nigerians are no longer in 1999 when somebody could just wake up and cook up some lies against the opponents and fall for them. Dr Abati, please, start writing a good handover speech for Mr President – I know you’re up to the task!!!

    • Olu Ade

      Thanks, you made good points and I agree with you 100%.

    • Lenton Isokariari

      January August, please be informed that both major parties are campaigning – and mudslinging at times. My advice is that we should refrain from using languages that portray us as internet thugs. Hiding under phoney sobriquet to attack perceived political opponents smirk of cowardice.
      I understand a guy has gone to court to challenge the eligibility of Rtd. General Buhari to contest the February 2015 presidential election. So let’s wait and see the outcome.
      As for me, I’ve no doubt that the man GMB will come out unscathed. Until then, let’s refrain using grossly abusive language. The Internet l believe is designed for civilised discuss.

  • Mr. Abdin

    PDP in trouble they are afraid of change.

  • ignatusamson

    Where are all this apc woRrior’s come out let’s discuss

  • lala

    All this agro. Out of interest, are PDP using the same method to fund their campaigns. It will be interesting to see a comparison of how much can be raised from the public between both parties….

  • ignatusamson

    Finally pdp with get the highest fund….but apc will be no where to be found