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.

Akorede     Ajidagba     Monkey Pox     Abdullahi Biffo     Kamoru Kadiri     Abiodun Jacob Ajiboye     Ilorin Central Mosque     Harrison Osauwagboe     3MTT     AbdulFatai Adeniyi Dan-Kazeem     Erubu     Abiodun Musa Aibinu     Shehu Salau     Aisha Buhari     Dan Iya Of Ilorin     Kayode Laro     Oro Grammar School Old Students Association     Abdulganiy Abimbola Abdussalam     Lanre Aremu     Olatunji Bamgbola     Olatunde Michaels     IPSAS     Kwara State Pension Board     Babaloja-General     Abdullahi Adisa Akodudu     Forgo Battery Company Limited     Gbemi Saraki     Al-Hikmah University     Jalala     Maigidasanma     Maigida Soludero Transit     Police Commissioner     Rashidi Yekini     Trader Moni     Press Release     Olokoba     Idiagbon     ITP     Ojuekun     Kwara Restoration Project     KWIRS     Ilorin Like-Minds     Suraj Tunji Oyewale     Apata Ajele Secondary School     Offa Descendants Union     Tunji Olawuyi     Ayotunde Emmanuel Alao     Centre For Peace And Strategic Studies     Tunde Oyawoye     Muhammad-Mustapha Suleiman     New Nigeria People’s Party     Kwasu     Florence Saraki     Ajasse-Ipo     Chief Imam Of Ilorin     Amuda Bembe     Abdulfatai Baakini     Madawaki     Jare Olatundun     Busari Toyin Isiaka     AGILE Programme     Mohammed Danjuma     Shagari     Ganmo     Olam Food Ingredients     Manzuma     Zulkifli Ibraheem     Summit University     Ishaq Oloyede     Gwanara     Computer Based Test     Muyiwa Oladipo Kanu     Lanre Issa-Onilu     Orisun Igbomina     Kayode Ishola     Oyelere Oyinloye     SARS    

Cloud Tag: What's trending

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

Haliru Dantoro     Ganiyu Abolarin     Risikat Lawal     Kayode Oyin-Zubair     Jaigbade Alao     Taofeek Ibraheem     N-Power     Afusat Nike Ibrahim     Balikis Jawondo     Kwarareports.com     AGILE Programme     Ojuekun     Samuel Elizabeth Keatswa     Olaitan Buraimoh     Elerinjare-Ibobo     Emir Of Yashikira     Ibrahim Abdullahi     Kwara Restoration Project     Suwa-Arabs     Is\'haq Modibbo Kawu     ANCOPPS     Rapheal Ashaolu     Khadijat Ayoola Yusuf     Lawal Arinola Kudirat     Medview Airlines     Olabimpe Olani     Sulyman Buhari     Orisun Igbomina     BECE     Elewu     College Of Arabic And Islamic Legal Studies     Rasaq Jimoh     Alore     Wahab Abayawo     Aliyu Kora Sabi     Vasolar Consortium     Biliaminu Aliu     Abdulazeez Arowona     Government High School Adeta     Gurei     ER-KANG Mining     Adegoke Bamidele     Ubandawaki     Abdulrazaq Akorede     Ayinke Saka     Valsolar Consortium     Toyin Olayinka Tejidini     Ahmed Saidu Rufai     Saadu Yusuf     ASUU     Kola Olota     Bayo Lawal     Shuaibu Yaman Abdullahi     Mamman Saba Jibril     Yaman     Oluronke Adeyemi     Majlis For Sadakah, Zakat And Waqf     Jimoh Akani     Babatunde Ajeigbe     Lateef Alagbonsi     Dan Masanin     All Confederation Of Principals Of Secondary Schools     Christian Association Of Nigeria     Chief Imam Of Omu-Aran     Noah Yusuf     Peter Amogbonjaye     Kunle Suleiman     Garba Idris Ajia     NFAI     Yakubu Mohammed Abdullahi     Aminat Omodara     Mazars Consulting     Rueben Parejo     Olusin Of Ijara Isin     Student Learning Support Helpline     Oke-Ode     Idofin