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.

Baaziki Sulaiman     Sulyman Atolagbe Alege     Transition Implementation Committee     Folashade Omoniyi     Women Radio     COVID     Inside Kwara     Shonga Farm Project     Ojo Fadumila     Mohammed Yahaya Barki     Alliance For Democracy     March 28     Ekiti     Kisira     Gobir     Sunday Fagbemi     Afolabi-Oshatimehin Adenike Harriet     Abdulrahman Abdulrasak     Ilorin Innovation Hub     COEASU     Titus Ashaolu     Osuwa     Law School Scholarship     Seed Technologies     Al-Hikmah University     Rotimi Oyedepo     Ibrahim Gambari     Onilorin Of Ilorin     Samari     Joseph Daudu     Moshood Bakare     Balogun Fulani     Olayinka Are     Jumoke F. Ajao     Raliat AbdulRazaq     KWASIEC     IF-K     Ishola Moses Abiodun     AbdulRauf Keji     Medview Airlines     Suleiman Abubakar     ASKOMP     Abdulrahman Abdulrazaq     Kayode Zubair     Offa Descendants Union     Borgu     Jaiz Bank     Dairo Kunle Paul     Oyun     Sadiq Buhari     Ahmed Shuaib Buranga     Ajakaye     Ilorin International Airport     Erubu     ER-KANG Mining Nigeria Company Limited     Aliyu Muhammad Saifudeen     Owu Fall     Amusa Bello     Admiralty Villa     Abubakar Kawu Baraje     Risikat Lawal     Ilorin General Hospital     Shagari     Guber Aspirant     Ahmad Olayiwola Kamaldeen     Gani Saadu     Abdulfatai Baakini     Abdulwaheed Musa     ENetSuD     Gaa Olobi     Yahaya Abdulkareem Babaita     Face Masks     United Nigeria Airline     Saliu Ajia     Sheriff Shagaya     Laboratory-to-Product     Rotimi Samuel Olujide    

Cloud Tag: What's trending

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

Face Masks     Hydro-electric Power Producing Areas Development Commission     Ibrahim Kayode Adeyemi     Coalition Of Kwara North Groups     Sulyman Atolagbe Alege     Sulyman Age AbdulKareem     Tunde Mukaila Mustapha     Jebba     Sunday Fagbemi     Ademola Kiyesola     United Nigeria Airline     NAWOJ     Mufti Of Ilorin     Abdullahi Imam Abdullahi     Belgore     Amule     Temi Kolawole     Ayobola Ipinlaiye     Kwara Metro Park     Shonga     Mansurat Amuda-Kannike     Iliasu     March 28     Kwara State Branch Of The National Library     Bolaji Gambari     Just Law Forum     National Broadcasting Commission     Abdullahi Dasilva Yussuf     Wasiu Onidugbe     Women Radio     Arinola Fatimoh Lawal     Isiaq Khadeejah     Third Estate     Oke-Ogun     Simeon Sule Ajibola     Kamaldeen Ajibade     Ibrahim Abdullahi     Aliyu Salihu     Sheikh Ariyibi     Ahmed Bayero     CACOVID     Jaiz Bank     Crystal Corner Shops     Sarah Alade     Rafiu Ibrahim     Alliance For Democracy     Lafia Aliyu Korasabi     Muazam Nayaya     Lotus Bank     Ile Arugbo     Aisha Abodunrin Ibrahim     Obasanjo     Igbomina     Innocent Okoye     Farouk Salim     Fatima Abolore Jimoh     Agboola Babatunde     Oba Sulaiman Asude     Agor     Garuba Alikinla Shittu     Ayo Adeyemi     Olayinka Are     Atiku     Abdul-Rasheed Na\'Allah     Kayode Oyin-Zubair     Kudirat Arinola Lawal     Sunset Workers     Aisha Buhari     Elerin Of Adanla Irese     IHS     Playing Host     Chief Imam Of Lafiagi     Oyedepo     Mohammed Tunde-Jimoh     Mumeen Lah     Cornelius Fawenu     Mutawali