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.

Kazeem Adekanye     Shuaib Jawondo     Marafan Shonga     Babaita     Local Government     Jide Ashonibare     Mutawali     Femtech     Balogun Fulani     Sango-UITH Road     Ibrahim Labaika     Elections     Dankaka     07039448763     Paul Odama     Tope Daramola     Olusin Of Ijara Isin     Lukman Oyebanji Fagbemi     Ubandoma Of Ilorin     Abdulwahab Oba     Harmony Holdings     Olomu Of Omu-Aran     Ijagbo Health Centre     Magaji Erubu     Ibrahim Abduquadri Abikan     IEDPU     Bashirat Bola Bello     Bayer Nigeria Limited     Busari Alabi Alausa     Muhammad Ghali Alaaya     Wahab Olasupo Egbewole     Afin Descendants Union Of Odo-Owa     Kwara State Infrastructure Development Fund     SDP     M.Y. Abdulrahaman     Mohammed Ghali Alaaya     David Oyepinola Adedumoye     Rueben Parejo     Rasheed Jimoh     Temitope Ogunbanke     Jide Oyinloye     Ilorin West/Asa Federal Constituency     Kwara State Council Of Chiefs     Islamiya Abdulraheem     Yinka Aluko     Zara Umar     Ajidagba     Saraki     Kunle Suleiman     Saheed Akinwumi     Muhammed Akanbi     Code Of Conduct Bureau     Peter Amogbonjaye     Tunji Ajanaku     Gbemisola Oguntimehin     Isiaka Rafiu Mope     Chikanda     Alore     Sidikat Akaje     Ahmed Bayero     Odo-Owa     Ilorin East     Esinrogunjo     Tunde Saad     EFCC     Rex Olawoye     Yusuf Lawal     Alumni Association Of The Federal Polytechnic Offa     Awili Pedro     Mufti Of Ilorin     Ahmad Fatima Bisola     Osuwa     Funmilayo Oniwa     Abdulmumini AbdulRazaq     Ilesha Gwanara Road     Saeedat Aliyu     Third Estate    

Cloud Tag: What's trending

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

Awwal Jawondo     Kwara Restoration Project     Yashikira     Iyeru Grammar School     Shade Omoniyi     Oyelere Oyinloye     Tunde Saad     Bayo Ajia     Kwara Teaching Service Commission     Simeon Sayomi     Akeem Olatunji     Kulende     Kola Olota     Hussein Olokooba     Borgu     Niguel Gallando Marcias     Omoniyi     Sa\'adu Salahu     Mike Omotosho     SARS     Shururat Olatinwo     Oba Of Jebba     IFK     Alfa Modibbo Belgore     Allocation     Omu-aran     Abraham Ojo     Muhammed Aliyu     Sola Saraki University     Tayo Alao     Moshood Bakare     Kwara Hotel     Aminu Adisa Logun     CACOVID Palliatives     Bisi Kristien     Gbajabiamila     Tafidan Kaiama     Government High School (GHS), Adeta     Valsolar-Kwara Company Limited     Moremi High School     Amos Sayo     Lithium Deposit     Simon Sayomi     Adeleke Ogungbe     Mohammed Yahaya Barki     Abubakar Kawu Baraje     Kayode Oyin Zubair     Mohammed Saidu     Okin Malt     Jumoke Monsura Gafar     Alaro     TESCOM     Olupako Of Share     Ayodele Shittu     Abikan     Jawondo     A.O. Belgore     Abdulmumini AbdulRazaq     Waziri Yakubu Gobir     Jimoh Olusola Imam     CBT     Abdulganiyu Oladosu     Oyawoye     Split Diamond Interchange     Ganmo Power Sub-Station     Baruba     Abdulganiyu AbdulAzeez     UNILORIN Alumni Association     National Union Of Road Transport Workers     Muritala Awodun     Chemiroy Nigeria Limited     Eleja     Alfa Modibo Belgore     Aishat Mohammed Lawal     Hakeem Lawal     Plat Technologies     Shuaibu Yaman Abdullahi