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.

Ramat Oganija     Christopher Tunji Ayeni     Neo Mundo Ltd     Sidikat Uthman Ajibola     Yusuf Olaolu Ali     National Union Of Road Transport Workers     Sa\'adatu Modibbo-Kawu     Saadatu Modibbo-Kawu     Moshood Mustapha     Marufat Oladosu     Wahab Olasupo Egbewole     Umar Yakubu Jaja     Pilgrims Board     Oba Abdulraheem     YAKOOYO     Abdulrahman Abdulrasak     Rebecca Bake     Olatunde Olukoya     Abraham Ojo     PPS     Olumide Daniel Ibitoye     Chemiroy Nigeria Limited     Isiaka AbdulRazaq     Durbar     C2c@kwarastate.gov.ng     Onikijipa     Ilorin     Lawan     SSUCOEN     United Nigeria Congress Party     Kulende     KSIRS     Akande Idowu Ayoola Muhammed     Apado     Deji Ajani     Www.Kwarareports.com     Trader Moni     Mohammed Alabi Lawal     Kwara Central     Suleiman Alege Kuranga     Alagbado     Police Commissioner     Teachers Specific Allowance     Saka Adeyemo     David Oyedepo     Alanamu     Post Utme     Muslim Media Watch Group Of Nigeria     Yusuf Ali     KWSIEC     AGF Abdulrazaq     General Tunde Idiagbon International Airport Ilorin     Unilorin FM     Aliyu Olatunji Ajanaku     Obayomi Azeez     Tunji Ajanaku     SSA Youth     Muhammad Fawaz Abubakar     Amosa     Bature Bello     Magaji Are     Elekoyangan     Kwara State Television     Countryside Emerging Leaders Fellowship     Government Girls’ Day Secondary School Pakata     Yoonus Lawal     Baboko     SARS     Hamidu Olowo     Oasis Muslim Care Foundation     Edu     Isiaka Rafiu Mope     Abdulrahman Abdulrazaq     Moro     Olatomiwa Williams     Ganmo Power Sub-Station     Monthly Sanitation    

Cloud Tag: What's trending

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

Lafiagi     Prince Mahe Abdulkadir     Tafida Of Ilorin     Oba Of Jebba     Wahab Agbaje     SDP     Ayoade Akinnibosun     University Road     Sadiq Umar     Moremi High School     Muhammed Abdullahi     Kola Adesina     Ibrahim Sulu Gambari     Offa     Ojuekun     Taofik Abdulkareem     Ilesha-Baruba-Gwanara     Lithium     NSCIA     Kamoru Kadiri     Rice Farmers Association Of Nigeria     Malete     Al-Hikmah University     Gwanara     United Nigeria Airline     Abdulganiyu Oladosu     Onikijipa     Women Radio     Kunle Suleiman     Flights To Ilorin     Yusuf Zulu-Gambari     Ilorin East     AbdulRaheem Ahmad Shayi     Tunji Oyawoye     Dairo Kunle Paul     Mahee Abdulkadir     Hakeem Lawal     Sambo Murtala     Lucky Omoluwa     Jamiu Oyawoye     Aliyu Kora-Sabi     Bello Abubakar     Saudat Abdulbaqi     Hameed Oladipupo Ali     Alumni Association Of The Federal Polytechnic Offa     Oniyangi Kunle Sulaiman     Muslim Media Watch Group Of Nigeria     Salaudeen Oyewale     Igbomina     Omar Gambari     Yakubu Gobir     Logun     Jare Olatundun     Danladi     Samuel Adedoyin     Abdulfatah Ahmed     NITDA     Muhammad-Mustapha Suleiman     Salau Kabiru Abdullahi     Ohoro Of Shao     Bola Shagaya     Olomu     Rex Olawoye     Tayo Awodiji     Abdulkadir Remi Hawawu     IYA ALFA NLA     Fatimoh Lawal     Samari     Yusuf Lawal     Ahmed Bayero     Third Estate     Ajidagba     Modibo Kawu     Bashir Badawi     Aliyu Muhammad Saifudeen     Oba Abdulkadir La\'aro     Alimi