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.

Yusuf Ali     Kunle Akogun     CBT     Local Government Pension Board     Elerin Of Adanla Irese     JUSUN     Okiki     Ijagbo Health Centre     Ahman Pategi University     Afin Descendants Union Of Odo-Owa     Abatemi Usman     Musa Ayinla Yeketi     Ilesha-Gwanara     Alabi Olayemi Abdulrazak     SWAN     Olayinka Oladapo Jogunola     Radio Kwara     Rapheal Ashaolu     Kwara Teaching Service Commission     Razaq Ayobami Akanbi     Tunji Olawuyi     Sulu Gambari     Jumoke Gafar     Alumni Association Of The Federal Polytechnic Offa     Bola Sagaya     Ghali Muhammed     Kale Ayo     Ali Ahmad     Quarry Royal Valley     Old Oyo     Lukman Oyebanji Fagbemi     Ibrahim Akaje     Abdulmumin Yinka Ajia     Tanke Flyover Bridge     Al-Ilory     Olofa Of Offa     Abubakar Abdullahi Bata     Tunde Idiagbon Road     Awwal Jawondo     Olabanji Orilonishe     ASKOMP     Oyedun Juliana Funke     KWACOBPA     Abdulmumini AbdulRazaq     Roseline Oni Aremu     Galadiman Ngeri     Saraki     Ganiyu Abolarin     Okedare     Olupako     Overland     Oke-Oyi     Bahago     Geri-Alimi Split Diamond Interchange     Fatima Abolore Jimoh     Abdulrahman Abdulrasak     Olokoba Abdullahi Ayinla     Jimba Babatunde     Mufutau Olatinwo     Abikan     Special Agro-Industrial Hub     Jamila Bio Ibrahim     Lawal Olohungbebe     Timothy Olatunde Fadipe     Buhari     Wahab Olasupo Egbewole     IPSAS     Simeon Sayomi     Yemi Osinbajo     Bilikisu Gambari     Bankole Omishore     GANZY     Muideen Olaniyi Alalade     Susan Modupe Oluwole     Asa LGEA School     Odo-Owa     Ibrahim Jawondo    

Cloud Tag: What's trending

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

Village Alive Development Association     Dapo Teni Nig Enterprise     FERMA     Saad Omo Iya     Garment Factory     Ahmad Ali     Gbenga Awoyale     Admiralty Villa     Owo Arugbo     TIC     Adesina Simon Sodiya     Olofa Of Offa     UNILORIN Alumni Association     Hijab     Gbemisola Saraki     Tunji Folami     Awwal Jawondo     Garba Dogo     Yusuf A. Usman     Hassan A. Saliu     Sulyman Tejidini     Salmon Babatunde Salmon     Zainab Abass     Gbenga Adebayo     Okala Baba     Mohammed Haruna     Abubakar Lah     Share/Tsaragi     Saheed Popoola     Plat Technologies Limited     Adebara     Shehu Alimi Foundation     Aisha Gobir     Tafida Of Kaiama     Gbugbu International Market     Durosinlohun Atiku     Oju Ekun Sarumi     Aminu Adisa Logun     Oladipo Akanmu Tolani     Abdulrazaq Akorede     Taofik Abdulkareem Babaita     Saraki     Adewuyi Funmilayo     Esuwoye     Orisun Igbomina     Diagnostic Centre     Abdulkareem Alabi     Jimoh Saadudeen Muhammed     Oyun     Fatai Olodo     Agboola Babatunde     Saka Abimbola Isau     Kayode Zubair     Ilorin General Hospital     Bello Oyedepo     Yoonus Kola Olatinwo     Magaji Are     Azeez Bello     Just Event Online     Elections     Pilgrims Board     Yusuf Abdulwahab     Valsolar Consultoria     Fatimoh Lawal     Abubakar Abdulraheem     Haruna Olawale Sulaiman     Alapansapa     Alabe     Jaiz Bank     Apaola     Clement Yomi Adeboye     Bayo Ajia     Mohammed Kamaludeen     IPSAS     Towobola Abdulrahman Toyin     Tunde Yusuf     Segun Abifarin