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.

Islamiya Abdulraheem     Labour Party     Mohammed Yisa     Kwara-SAPZ Project     A.E. Afolabi     Kolawole Bashirat     Medview Airlines     Segun Olawoyin     Omotoso     Shettima Of Ilorin     Tafida Of Ilorin     Fareedah Dankaka     Saliu Shola Taofeek     Simon Sayomi     Igbaja     Ibrahim Kayode Adeyemi     CKNG     Yunus Oniboki     Abdulwahab Ololele     Yusuf Aiyedun     Neo Mundo Ltd     Kwara State Geographic Information Service     Kayode Issa     Muazam Nayaya     Towobola Abdulrahman Toyin     Musa Aibinu     Kwara State Fish Farmers Association     Soffiyyallah Kamaldeen     Kwara Hotel     Moses Salami     Lola Olabayo     HICA     KW-GIS     Lukman Adeloyin     CCB     Christopher Ayeni     Abubakar Atiku     Saad Omo Iya     Balogun-Ojomu     Ibrahim Abdulqadir Abikan     Clara Nwachukwu     Sunday Fagbemi     Iyabo Dupe Adekeye     Bayer AG     Raimi Iyanda     Wahab Abayawo     Jeunkunu-Malete-Bani     Ophthalmological Society Of Nigeria     NaAllah     Tunji Arosanyin     Convocation Ceremonies     Yahaya Abdulkareem Babaita     TESCOM     Tayo Alao     Emir Of Kano     Dar-Al-Handasah Consultants     Olayinka Oladapo Jogunola     Baba Issa     Tsaragi/Share     AbdulHakeem Ajibola Akanbi     Dairo Kunle Paul     Ayekale     HAMFAT Clinic And Maternity     Dasuki Belgore     Aisha Ahman-Pategi     Niyi Ogundiran     Makama Of Kaiama     Abdullahi Dasilva Yussuf     Shoprite     Gobir     Ilorin East/South Federal Constituency     Olatunde Jare     Doyin Agbamu     Salau Kabiru Abdullahi     Yahaya Oloriegbe     Theophilus Oyebiyi     Unilorin    

Cloud Tag: What's trending

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

Toun Okewale-Sonaiya     Flights To Ilorin     Bolaji Gambari     Ajayi Okasanmi     Toyin Abdullahi     Tinubu Legacy Forum     Apado     Tunji Moronfoye     Clara Nwachukwu     SWAN     Computer Based Test     Magaji Nda     Falokun-Oja     Balogun-Ojomu     Olatunji Ibrahim     Haliru Yahaya     Maigida Soludero Transit     Abiodun Musa Aibinu     Kwarareports.com     Lucky Omoluwa     April 11     Yusuf Lanre Badmas     Saduki Lafiagi     Raimi Iyanda     Lithium Deposit     Muslim Media Watch Group Of Nigeria     Abubakar Abdullahi Bata     Lateef Fagbemi     Alabere     Moji Makanjuola     Olateju Lukman     Adamu B. Yaqubu     Gwanara     Soffiyyallah Kamaldeen     A.G.F Abdulrasaq     Yinka Aluko     Ibrahim Mohammed     Theophilus Oyebiyi     Shettima Of Ilorin     Alanamu     Owu Fall     Jamiu Oyawoye     Ohoro Of Shao     Abdulmumin Yinka Ajia     Aisha Buhari     Bashir Badawi     Emir Of Lafiagi     Kassim Babamale     Idofin     Jide Oyinloye     Owo Isowo     AbdulHamid Adi     Bature Bello     Oyelere Oyinloye     Mohammed Ghali Alaaya     Abiodun Jacob Ajiboye     Oloje     Asiwaju Bola Tinubu     Special Agro-Industrial Hub     AbdulQowiy Olododo     Oloriegbe     Kwara State Sports Commission     Abdulmalik Bashir Mopelola Risikatullahi     Kayode Ishola     Yusuf Badmus     Folorunsho Alao     Modupe Oluwole     Vasolar-Kwara Company Ltd     Fatai Olodo     Sobi Hill     Owo Arugbo     Femi Gbajabiamila     Bayo Onimago     Abdulrahman Abdulrasaq     TVC Female National Debate     Yakubu Dogara     Ganiyu Taofiq