Atunwa, other lawmakers' defection to APC, constitutional - Judge

Date: 2014-06-26

The Federal High court sitting in Ilorin, the Kwara State capital presided over by Justice Olayinka Faji on Thursday ruled that the defection of the Speaker of Kwara State House of Assembly, Mr. Razak Atunwa and 21 other members of the state house from the People Democratic Party to the All Progressives Congress was legal and constitutional.

Faji said the defendants would not lose their seats as according to him there was indeed an established case of crisis in PDP which prompted their defection.

A PDP member of the assembly who did not defect to APC, Mr. Ibrahim illiyasu, had dragged the defected law makers before court.

The suit no. Is FHC/IL/CS/6/2014,PDP, Illiasu Ibrahim Vs Razaq Atunwa and twenty others and the Independent Electoral Commission.

Illiasu had prayed the court to declare that they should vacate their seats and stand another election having defected to APC.

The plaintiff’s counsel, Mr Salman Jawondo a had urged the court to declare the seats of Atunwa and 20 others vacant because they were elected on the platform of PDP, but had defected to APC. One of the defected law makers is dead.

Jawondo argued that having left PDP for APC, the seats of the defendants should be declared vacant.
He further argued that they must stand another election for them to retain their seats.

But the counsel for the defendants, Wahab Bamidele, Tosho Yakubu, led by Bola Gold, argued that because of the claimed crisis in PDP, the defendants had the rights to defect to any other party.

Faji in his judgement ruled that the defection of the lawmakers was legal and constitutional.

He relied the judgment which restrained Alhaji Kawu Baraje from parading himself as the INEC recognised Chairman of PDP.

According to Faji explained the ruling that Bamagar Tukur was recognized as the official chairman of PDP and a restraining order was filed for Baraje not to parade himself as the INEC recognized chairman showed indeed that there was a faction.

He stated that at the time of the defection by the defendants, there was indeed a faction in PDP which made their defection legal and constitutional.

A member of the House of Representatives representing Ilorin East/Ilorin south,Dr Ahmad Ali said that Faji’s judgement has laid to rest the constitutionality of defection by the legislators.

He said, “It is a landmark judgment on the issue of defection. This is the first final judgment, compared to various conflicting interlocutory orders, by the Federal High court in Nigeria.

“It supercedes all other previous non-judicial gratuitous statements. I urge PDP to quickly appeal this sound judgment if they so wish.

“We are comforted that in the Federal High Court there are still many judges who are bold and still stand as a bulwark between the dregs of the society and the powerful forces.

“The judgment for the first time answered the question: was there a division in PDC when the legislators defected? The court said yes. If it is yes(as any reasonable man already acknowledges) then any member can constitutionally defect.”

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Abdulganiyu Oladosu     Fatai Olodo     Titus Ashaolu     Kehinde Baale     Volunteers Of Ilorin Community And The Emirate     Sun Qing Rong     International Public Sector Accounting Standards     Awoye     Usman Rifun     Hakeem Idris     Saka Saadu     Mopelola Abdulmaliq-Bashir     Kazeem Adekanye     Yahaya A Paniyaro     Sabitiyu Grillo     Haleeman Salman     SWAN     Sa\'adu Salahu     Okoolowo     Tunde Oyawoye     Olabanji Orilonishe     Senate     Oyun     Kawu     Magaji Nda     Emir Of Yashikira     Wahab Isa     Radio SBS     KW-GIS     Kayode Laro     Ilorin Durbar     Yusuf Abdulkadir     Michael Ologundea     KFA     Plat Technologies     Saliu Mustapha     Yunus Oniboki     Umar Ahmed Gunu     Rebecca Olanrewaju     Niyi Ogundiran     Inside Kwara     Offa Grammer School     Haruna Olawale Sulaiman     Fola Consultant     Ita-Nmo Market     Mohammed Saidu     Lanre Jimoh     Siddiq Adebayo Idowu Salawu     2017 Budget     Eleja     Bola Iyabo Ibiyeye Adisa     Stephen Fasakin     Ahmed Bayero     Ajase-Ipo     Aminu Adisa Logun     CCEPE     Fareedah Dankaka     Sambo Murtala     Abdulrahman Iliasu     Christopher Ayeni     Wahab Agbaje     Abdulkadir Akanbi-Oke     CBT     VADA     Olomu Of Omu-Aran     Aisha Ahman-Pategi     Budo-Egba     Unilorin     KWACOBPA     Omu-aran     Kwarareports.com     Damilola Yusuf Adelodun     Saidu Yaro Musa     Shehu Alimi Foundation For Peace And Development     Split Diamond Interchange     Logun     Kwara State Council Of Chiefs    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Kwara State Infrastructure Development Fund     David Adesina     Usman Rifun     Riskat Opakunle     Senate President     Samari     Isiaka Saka Opobiyi     FOMWAN     Kwara State Pension Board     Ahman Pategi University     Daud Adeshola     Isin     Ishola Moses Abiodun     Elelu     Sherif Sagaya     Dan Masanin     Abdullahi Samari     Kayode Bankole     Issa Baba     Awodun     Baba Adini Of Kwara State     Maryam A. Garuba     Halimah Perogi     Olatunde Olukoya     Makama     JMK Construction Company Limited     Kpotum Mohammed Baba     Niyi Ogundiran     Afin Descendants Union Of Odo-Owa     Abdulkadir Remi Hawawu     Bio Ibrahim     Kwara Consultative Forum     Plat Technologies     Lateef Ademola Olatunji     Kola Olota     ER-KANG     Otuka     Bursary     Bukola Saraki     Kwara State Polytechnic     Solomon Edojah     Oba Sulaiman Asude     Mufutau Gbadamosi Esuwoye     Ahmed Saidu Rufai     Kazeem Adekanye     Yusuf Abubakar     Abdullahi Saadudeen Alikinla     SWAN     Yakubu Dogara     Moses Rahman Popoola     Agbarere     Oke-Ogun     Nupe     Ajuloopin     Barakat Community Secondary School     Gobirawa     Bamikole Omishore     Aremu Odolaye     Sulyman Buhari     Markaz Arabic And Islamic Training Institute, Agege     Amina El-Imam     Okin Biscuits     Ajeigbe     Moses Adekanye     Ilorin Muslim Community     Ajakaye     Taofeeq Olateju     Ibrahim Abdulkadir Abikan     John Kehinde Salako     Abdulrahman Iliasu     Hakeem Lawal     Abubakar Usman Jos     Oyelere Oyinloye     Ajibola Ademola Julius     Bolaji Abdullahi     Ahmed Mohammed Rifun     Ajike People Support Centre