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.

Aso-ofi     Orisa Bridge     Minimum Wage     Bureau Of Lands     Mufutau Gbadamosi Esuwoye     Bamidele Aluko     Pakata     SGBN     Afetu Of Alabe     Code Of Conduct Tribunal     Musa Abdullahi     Assayomo     Abdulbaqi Jimoh     Emmanuel Bello     Jaiz Bank     BECE     Ayo Salami     John Olobayo     Bilikisu Gambari     Bankole Omishore     Toyosi Thomas     Abubakar B.M     Reuben Paraje     Kulende     Ahmed Alhasssan     Jamiu Oyawoye     Abdulahi Abubakar Bata     Ilorin Muslim Community     Haruna Tambiri Mohammed     Razaq Atunwa     Abubakar Aliagan     Muritala Awodun     Na\'Allah     Mahmud Ayinla Giwa     AIT Ilorin     Ahmad Olanrewaju Belgore     Dar-Al-Handasah Consultants     Isiaka Gold     Tanke Road     GAMA     Medview Airlines     Oniyangi     TETFUND     Saheed Popoola     Yeketi     Abdulfatah Ahmed     Kwara Coalition Of Business And Professional Associations     Buhari     AbdulRazaq Abubakar Jiddah     Sidikat Alaya     Ileloke     Peter Amogbonjaye     Oluwarotimi Boluwatife Adenike     Amuda Musbau     Gbemi Saraki     Sabitiyu Grillo     Bamikole Omishore     ANCOPPS     Wole Oke     Awoye     Iyabo Adewuyi     Ilorin South Constituency     Susan Modupe Oluwole     Lawal Arinola Kudirat     Iliasu     Ilorin     Ishola Abdullahi     TIC     3MTT     Zulu Gambari     Ishak Mohammed Sabi     Yahaya Oloriegbe     Universal Basic Education Commission     Isaac Gbenle     Share-Tsaragi     Tunji Moronfoye     Abdulwahab Oba    

Cloud Tag: What's trending

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

Bisi Kristien     Olayinka Olaogun     Elekoyangan     Kwara State Health Insurance Agency     Khairat Gwadabe     Ella Supreme Tissue Paper     Yusuf Abdulkadir     Bello Taoheed Abubakar     Jimoh Bashir     Tope Daramola     Okanlawon Taiwo     Taofik Abiodun Ahmed     Ishaq Oloyede     Atunwa     Aiyedun     Ilorin East     Tunde Akanbi     Jebba     Valsolar     Tanke     Hassan Taiye Salam     Dapo Teni Nig Enterprise     Alfa Modibo Belgore     Abdulrasheed Lafia     Saka Keji     Bolaji Nagode     Kwara Polytechnic     Najim Yaasin     Bibire Ajape     Kwara 2023     Fulani     Okiki     Jumoke F. Ajao     KWACOBPA     Yinka Aluko     Alikinla     Kubra Kazum     Abdullahi Dasilva Yussuf     Justina Oha     Dumagi     NFAI     Olayinka Are     Ilorin Talaka Parapo (ITP)     All Confederation Of Principals Of Secondary Schools     IYA YUSUF     Abdulkadir Jimoh     Kamaldeen Ajibade     Senate Presidency     Oba Mogaji Abdulkadir     Hassan Abdulazeez Elewu     Law School Scholarship     United Nigeria Congress Party     Agboola Abdulraheem     Omoniyi Ayinla     JUSUN     Special Adviser On Digital Innovation     Kale Belgore     Laboratory-to-Product     Ibrahim Mashood     Saeedat Aliyu     Baboko Primary School     Raymond Olaitan     Tafidan Kaiama     Okin Biscuits     Buari Edun     Dagbalodo     Jimoh Olusola Imam     Al-Adaby     AGILE Programme     Dogara     Sayomi     Pakata Patriots     Bashir Adigun     Bilikisu Gambari     Kola Bukoye     Economic And Financial Crimes Commission     Raliat AbdulRazaq