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.

KSIRS     Moshood Mustapha     Centre For Community Empowerment And Poverty Eradication     KWATMA     NITDA     Sidikat Uthman Ajibola     Mutawalle     Yahaya Jibril Usman     Sheikh Ridhwanullah     Abiodun Abdulkareem     Ilorin Airport     Ado Ibrahim     Oluwarotimi Boluwatife Adenike     Gabriel Fashanu     Micheal Imoudu     Isiaka Alikinla     Niguel Gallando Marcias     Prince Sunday Fagbemi     Abdullahi Saadudeen Alikinla     Ella Supreme Tissue Paper     Omu-aran     Oke Sunna     AIT Ilorin     Pakata Patriots     Ishola Moses Abiodun     Forgo Battery     Sheikh Ariyibi     Jumoke F. Ajao     Alumni Association Of The Federal Polytechnic Offa     Femi Agbaje     Sabitiyu Grillo     LEAH Charity Foundation     Bashir Omolaja Bolarinwa     Babs Iwarere     Jare Olatundun     Royal FM     AGM Professional Services     Universal Basic Education Commission     Zainab Abass     Gbenga Adebayo     Muslim Stakeholders Of Kwara State     Kehinde Boyede     Bello Oyedepo     Ganiyu Taofiq     James Kolo     Wasiu Onidugbe     Funmilayo Mohammed     Moshood Kashimawo Abiola     Offa Grammer School     Baruba     Shuaibu Yaman     Kolade Solagberu     Yusuf Babatunde Abdulwahab     Tunji Arosanyin     Gbadeyan Gbadura Yomi     Marafan Shonga     Muritala Olarewaju     Olaosebikan     Obayomi Azeez     Dele Belgore     Ezekiel Yissa Benjamin     Funmilayo Oniwa     Abioye Bello     A.O. Belgore     Esuwoye     Suraj Tunji Oyewale     Mope Dasuki Belgore     SSA Youth Engagement     2023 Elections     Kwara State Health Insurance Agency     Kwara State Television     Jani Ibrahim     Lai Gobir     Hydro-electric Power Producing Areas Development Commission     Donatus Ejidike     Nurudeen Muhammed     Reuben Paraje    

Cloud Tag: What's trending

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

Yusuf Aiyedun     Alaiye     Tinubu Legacy Forum     Oluranti Idowu     Mansurat Amuda-Kannike     Computer Based Test     AbdulRauf Keji     Y.A. Abdulkareem     Yusuf Arowosaye     Dumagi     Post Utme     National Association Of Nigerian Students     Pius Abioje     Kunle Akogun     Siraj Oyewale     Ojuekun Sarumi     Vishvas KOZ Tractors     Razaq Ayobami Akanbi     Lanre Jimoh     PPS     Danladi     Bayo Ajia     Akanji     Sheriff Shagaya     Abdulquowiyu Olododo     Maimunat Oniyangi     Aliyu Salihu     Muhammad-Mustapha Suleiman     Abubakar Abdulraheem     Salman Alada     Kayode Oyin-Zubair     Salihu Ajia     Sarah Alade     Raliat Elelu-Habeeb     Lithium Deposit     SAPZ Project     Bayer AG     Hussein Oloyede     TVC Female National Debate     Ibraheem Adeola Katibi     Oba Of Jebba     SSUCOEN     Folorunsho Alao     Suleiman Idris     Fulani     Rueben Parejo     Okala Baba     Apaola     Moronfoye     Earlyon Technologies     Dele Momodu     Taiwo Joseph     Ashiru     Idris Garba     Umar Sanda Yusuf     Omu-aran     Gobir     Salihu Yahaya     Salihu Jibril Garbi     Ibrahim Bio     Abdulmajeed Abdullahi     Temitope Ogunbanke     Suleiman Ajadi     Suraj Tunji Oyewale     HICA     Ilesha-Baruba-Gwanara     Seni Saraki     Mohammed Yisa     Taofik Abdulkareem Babaita     Abatemi-Usman     Bamidele Aluko     Oko-Olowo     Saka Aleshinloye     Trader Moni     Aliyu U. Tilde     General Hospital     Modibbo Kawu