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.

Moses Salami     Isiaka Oniwa     V.O. Abioye     Olusin Of Ijara Isin     Afin Descendants Union Of Odo-Owa     Toun Okewale-Sonaiya     Alikinla     Okala Baba     Bolaji Abdullahi     Fola Consultant     Theophilus Oyebiyi     Prince Mahe Abdulkadir     Balogun Ajikobi     GRA     Gani Saadu     Quareeb     Ilorin South Constituency     IF-K     Babs Iwarere     Federal College Of Education (Special), Afon     Abdulquowiyu Olododo     Yusuf Lanre Badmus     KWAFFA     Amusa Bello     Toyin Abdullahi     Special Adviser On Digital Innovation     Durbar     Dar-Al-Handasah Consultants     Simeon Sayomi     Wahab Femi Agbaje     Taofik Mustapha     Government House     Awoye     AbdulHamid Adi     Tayo Awodiji     Otoge     Alapado     Oyedun Juliana Funke     Oju Ekun Sarumi     Wahab Abayawo     Ishaq Salman     Garba Idris Ajia     Haruna Tambiri Mohammed     Abdulmalik Bashir Mopelola Risikatullahi     Vasolar-Kwara Company Ltd     Adegoke Bamidele     Mohammed Katsina Ahmed     Abdulrasaq Alaro     Seni Saraki     Gbugbu International Market     Sheikh Ridhwanullah     Abdullah Janet Amudat     NAWOJ     Undergraduate Bursary     Centre For Digital Economy     Idi-Ape     Olaiya Victor Mobolaji     Abdullateef Abdussalam     Bolaji Aladie     Popo-Igbonna     07039448763     KFA     Idowu Laro     Adamu Ibrahim Sabi     Olugbense     Guber Aspirant     LABTOP     Tanke Road     Yakubu Dogara     Kwara State Geographic Information Service     Plat Technologies     Just Event Online     Yusuf Zulu-Gambari     NTA Ilorin     Yetunde Balogun     Abubakar B.M     Agboola Abdulraheem    

Cloud Tag: What's trending

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

Joseph Yemi Ajayi     Okasanmi Ajayi     Suleiman Alege Kuranga     Imodoye Writer’s Enclave     Al-Hikmah University     Onilupeju Of Ilupeju     Christian Association Of Nigeria     Isiaka Abdulrazak     Folorunsho Erubu     Students Union Government     Rotimi Oyedepo     ER-KANG Mining Nigeria Company Limited     Valsolar-Kwara Company Limited     Aremu Odolaye     YAKOOYO     Bayo Mohammed Onimode     Moji Makanjuola     Elerin Of Adanla     Adesoye     School Of Nursing     Hamza Usman     Sambo Murtala     Mohammed Abdulahi     UITH     Alaro     Adesoye College     Kayode Issa     Yusuf Abdulraheem     Isaac Aderemi Kolawole     Raliat Islamic Foundation     Victor Gbenga Yusuf     Kwara State Printing And Publishing Corporation     George Innih     Oya State     Issa Baba     Ministry Of Women Affairs And Social Development     Ibrahim Abduquadri Abikan     Sola Saraki Educational Foundation     Code Of Conduct Tribunal     Rice Farmers Association Of Nigeria     Jare Olatundun     Halimah Perogi     Veterinary Teaching Hospital     Saidu Kawu     Women Radio     Yusuf Abdulwahab     Awwal Jawondo     Bolaji Abdullahi     Shehu Jimoh     Ramadhan     BECE     Abiodun Abdulkareem     Mufti Of Ilorin     Abdul-Rahoof Bello     Folashade Omoniyi     Aremu Bose Deborah     Oba Sulaiman Asude     Maja     Ahmad Lawan     Kwara State Sports Commission     TESCOM     AbdulRahman Saad     Saadu Yusuf     Bashirat Bola Bello     Sa\'adu Salau     Gambari     Old Oyo     Muhammad Ghali Alaaya     Unilorin FM     Leke Ogungbe     University Road     Ahman Pategi University     Baruten     Neo Mundo Ltd     Habeeb Saidu     NURTW     Shuaib Abdulkadir