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.

Balogun-Ojomu     Col. Ibrahim Taiwo     Oladipo Akanmu Tolani     Moses Salami     IPSAS     IQRA College     Javed Khan     Rex Olawoye     Nupe     Omupo     3MTT     Olokoba Sulyman     Funmilayo Mohammed     Ayoade Akinnibosun     Rotimi Samuel Olujide     Neo Mundo Ltd     Tunde Idiagbon Road     Orisun Igbomina     Aminu Adisa Logun     Abubakar Kawu Baraje     Sa\'adu Gambari     Sarah Alade     Iyabo Adisa Ibiyeye     Oniyangi Kunle Sulaiman     Aisha Abodunrin Ibrahim     Olayinka Are     Suleman Abubakar     Jimoh Saadudeen Muhammed     Federal Road Maintenance Agency     Joseph Alex Offorjama     Abdulmajeed Abdullahi     Salihu Jibril Garbi     Nurudeen Mohammed     Abatemi-Usman     Harmony Holdings     Abdulkadir Akanbi-Oke     Memunat Monsuma     Mubarak Oladosu     Raliat Islamic Foundation     Abdulazeez Arowona     Durosinlohun Atiku     Kwha.gov.ng     Council Of The Wise     Baba-Isale     Ado Bayero     Saheed Popoola     Ahmad Uthman     Samuel Olusegun Adedayo     Opolo Global Innovation Limited     Kehinde Baale     Rotimi Oyedepo     Bature Bello     Mahee Abdulkadir     Village Alive Development Association     Olaosebikan     Gani Saadu     Muhammed Taofeeq Abdulrazaq     Olajumoke Monsura Gafar     Lukman Adeloyin     Femi Agbaje     Kwara Muslim Pilgrims Welfare Board     Onikijipa     Sabitiyu Grillo     Sebastine Obasi     Kwara State Television (KWTV)     Umar Adelodun     Roseline Oni Aremu     Baboko Primary School     Bello Taoheed Abubakar     Nigerian Supreme Council For Islamic Affairs     Bureau Of Lands     Tuesday Assayomo     Akanji     Haruna Tambiri Mohammed     SDP     Atunwa     Shehu Alimi Foundation For Peace And Development    

Cloud Tag: What's trending

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

Saka Onimago     CCT     Ojuekun Sarumi     Aishat Sulu-Gambari     April 11     CUTI     Oluranti Idowu     Saheed Popoola     Oju Ekun Sarumi     Dar-Al-Handasah Consultants Ltd     Onikijipa     Marufat Oladosu     Bola Magaji     Tope Daramola     Oyedun Juliana Funke     3MTT     Mutawali Of Ilorin     SGBN     Olatunji Abdulmumeen     Bisi Kristien     Ibraheem Adeola Katibi     Emir Of Shonga     Abioye Bello     Dairo Kunle Paul     Valsolar     Temitope Ogunbanke     Tunji Olawuyi     Nurudeen Mohammed     SUBEB     Mukhtar Shagaya     Hijaab     Kayode Ishola     Garuba Alikinla Shittu     Oyawoye     Afetu Of Alabe     Umar Bayo Abdulwahab     Donatus Ejidike     Kehinde Boyede     Oya State     Isiaka Rafiu Mope     Special Agro-industrial Processing Zone     JAAC     Albert Ogunsola     Col. Ibrahim Taiwo     Mahmud Durosinlohun Atiku     Olaitan Adefila     New Nigeria People’s Party     Kwara State Fish Farmers Association     General Hospital, Ilorin     Olajumoke Monsura Gafar     Forgo Battery Company Limited     Olaitan Buraimoh     Oyin-Zubair     Eleyele     University Road     Esinniobiwa Quareeb     Harrison Osauwagboe     Www.Kwarareports.com     Kanu Agabi     Metro Park     Valsolar Consultoria     Abdulrosheed Okiki     Abdulrahman Onikijipa     Ile Arugbo     Abubakar Atiku     Kamaldeen Kehinde     Kwarareports.com     Christopher Tunji Ayeni     Oba Abdulkadir La\'aro     Ishaq Oloyede     Yahaya Abdulkareem Babaita     Kunle Suleiman     Share/Tsaragi     Goodluck Jonathan     Chartered Institute Of Personnel Management Of Nigeria     Turaki Of Ilorin     Al-Hikmah Radio