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.

Razaq Atunwa     Modibbo Kawu     Mohammed Khadijat Kubura     Kudirat Arinola Lawal     Owo Arugbo     Ben Duntoye     VADA     CBT     Yusuf Ibitokun Sherifat     Ayodele Shittu     Haruna Tambiri Mohammed     Ridhwanullah Al-Ilory     Sadiq Umar     Abdulkadir Jimoh     Abdulfatai Ahmed     Joseph Alex Offorjama     Paul Olawoore     Adedeji Onimago     Suwa-Arabs     Abdulsalam A. Yusuf     TESCOM     IQRA College     Musa Alhassan Buge     Samuel Elizabeth Keatswa     Joseph Bamigboye     Mahmud Babatunde Baker     Bank Of Industry     Aliyu Kora Sabi     Folashade Omoniyi     Aliyu Salihu     IHS     Oke-Ode     Ajase-Ipo     Abdulwahab Oba     Mohammed Ghali Alaaya     Joseph Daudu     Buari Edun     Muslim Stakeholders Of Kwara State     Ojo Fadumila     Ibrahim Jawondo     Olabode George Towoju     Abdulrasheed Akogun     Sunday Popo-Ola     Elekoyangan     Jumoke F. Ajao     Salake     Moshood Kashimawo Abiola     Olushola Saraki     Musa Abdullahi     Abegunde Goke     Lateef Alagbonsi     National Democratic Congress     Mumeen Lah     Afin Descendants Union Of Odo-Owa     Alapansapa     Tescom.kwarastate.gov.ng     Ayekale     Shonga     TETFUND     Tosho Yaqub     TIIDELab     Ibrahim Abikan     Saka Balikis Kehinde     Isiaq Khadeejah     Edu     Wahab Abayawo     Saidu Yaro Musa     Adaramaja     Yahaya Abdulkareem Babaita     KWASSIP     Joana Nnazua Kolo     Kwara State Sports Commission     Ajikobi     T And K FOODS     Abdulwahab Olarewaju Issa     Kassim Babamale     Oluwarotimi Boluwatife Adenike    

Cloud Tag: What's trending

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

Lukman Adeloyin     Okin High School     Oko-Olowo     Obasanjo     Aliyu Sabi     Segun Abifarin     Abdulrasheed Na\'Allah     KWSUED     CELF     Bisi Oyeleke     Kwara North     Olayinka Oladapo Jogunola     Oke-Oyi     Odolaye Aremu     Basit Olatunji     Oniwa     Ilorin Innovation Hub     Abdulmumini AbdulRazaq     Ajikobi     Otoge     General Hospital     Abdulwaheed Musa     Adamu Atta     Garba Ayodele Wahab     Fatai Garuba Labaka     Standard Organization Of Nigeria     Sulyman Abdulkareem     Mohammed Yahaya Barki     Abdulrasheed Lafia     Hassan Abdulazeez Elewu     Tayo Awodiji     Ahmed Bayero     Balikis Jawondo     Abdulahi Abubakar Bata     Saheed Akinwumi     Moro     Mohammed Katsina Ahmed     Bello Oyebanji     JAAC     Ilorin Likeminds Foundation     Yusuf Arowosaye     Suleman Abubakar     Hussein Olokooba     Galadima     Isiaka Danmeromu     Adaramaja     Www.Kwarareports.com     KWIRS     Ajakaye     Maigida Soludero Transit     NIPR     Adisa Logun     Abdulrahman Onikijipa     Pius Abioje     Kwara Liberation Group     Bamidele Adegoke     Oniye     All Peoples Party     JMK Construction Company Limited     Kassim Babamale     Bola Iyabo Ibiyeye Adisa     ER-KANG     Oke-Kura     Yusuf Badmus     Ibrahim Labaika     Geri-Alimi Split Diamond Interchange     United Nigeria Congress Party     Funmilayo Oniwa     NIRSAL     Omoniyi     Kwara TV     Gbugbu International Market     Marafan Shonga     Sanusi Abubakar     Isiaka Rafiu Mope     Atiku Abubakar     Mazars Consulting