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 Lanre Badmas     Sabi     Kwara Restoration Project     Ajibike Katibi     Maimunat Oniyangi     Kudirat Arinola Lawal     SDP     Tsado Manman     Noah Yusuf     Sadiq Buhari     Nigeria Customs Service     Kwara State Polytechnic     Olomu     Tuesday Assayomo     Senate President     Mashood Abdulrafiu Agboola     Ndama Al-hassan     Abdulrazak Shehu Akorede     Chief Imam Of Omu-Aran     Kawu Baraje     Danhawa     Earlyon Technologies     Garba Idris Ajia     Onilupeju Of Ilupeju     Oke-opin     Tunde Yusuf     Alore     SWAN     UITH     Societe Generale Bank Of Nigeria     Okoolowo     ASMAU PLAZA     Amos Bajeh     All Peoples Party     Alaro     Usman Yunusa     Adeleke Ogungbe     AbdulRazaq Jiddah     Monthly Sanitation Exercise     Unilorin     Sa\'adu Gambari     Curfew     Senate Presidency     Dan-Kazeem     Doyin Awoyale     Turaki Of Ilorin     Mohammed Yahaya Barki     Balogun Gambari     Rafiu Olasile     Razaq Atunwa     Ilorin Likeminds Foundation     Aremu Odolaye     Amada Jidda     NFAI     Hameed Oladipupo Ali     Air Peace     QuickWin     Aliyu Sabi     Veterinary Teaching Hospital     David Oyerinola Adedunmoye     Apado     Ahmed Idris Mohammed     Ibrahim Orire     Ogbondoroko     Isau     Sheikh Ariyibi     Musa Yeketi     Demola Banu     Eleja     Abraysports FC     Ahmad Belgore     Aasiyat Bello Oyedepo     Offa Poly     Mustapha Olanipekun     Bello Oyedepo     KWIRS     Riskat Opakunle    

Cloud Tag: What's trending

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

Ayo Salami     Joana Nnazua Kolo     N-Power     Jamiu Oyawoye     Shehu Raheem Adaramaja     Kulende     Alao Ayotunde     Dan Iya Of Ilorin     Hassan A. Saliu     Just Law Forum     AbdulRazaq Abubakar Jiddah     KWSIEC     Iyabo Adisa Ibiyeye     Admiralty Villa     Sa\'adu Gambari     Amuda Musbau     Abdulrasheed Akogun     Federal Polytechnic Offa     AbdulRasaq Abdulmajeed Alaro     Kwara 2015     Hamid Bobboyi     Damilola Yusuf     Aliyu Kora Sabi     Muhammad Mustapha Suleiman     Tunji Ajanaku     Muftau Akanbi Oke     Ilorin South Constituency     Kwara State University Of Education     Ilofa     Oyin-Zubair     Government House     Moses Rahman Popoola     Shola Odetundun     Magaji Nda     Toyosi Thomas     Jamila Bio Ibrahim     Dele Belgore     General Hospital, Ilorin     Apaokagi     Naira Redesign     A.G.F Abdulrasaq     Dar-Al-Handasah Consultants     Wahab Olasupo Egbewole     Oyun     Tunji Oyawoye     Saliu Shola Taofeek     Firdaos Amasa     Al-Ilory     Rasheed Jimoh     Dan-Kazeem     Alapansapa     Aliyu Kora-Sabi     Doyin Agbamu     Simeon Sayomi     Azeez Salawu     Najim Yaasin     Ayodele Olaosebikan     Senior Staff Union Of Colleges Of Education     Adamu Jemilat-Baki     Prince Sunday Fagbemi     Bayo Mohammed Onimode     Bayo Onimago     ER-KANG Mining Nigeria Company Limited     Yekini Adio     Saka Asiat Ayinke     Magaji Erubu     Aishat Sulu-Gambari     ITP     Afin Descendants Union Of Odo-Owa     Yetunde Balogun     Ilorin East     PAACO-PCL Consortium     Harafat E. Mukadam     Olatunji Abdulmumeen     Shuaibu Yaman     Saadatu Modibbo-Kawu     Umaru Saro