Atunwa, other lawmakers' defection to APC, constitutional - Judge
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.”
Cloud Tag: What's trending
Click on a word/phrase to read more about it.
Hassanat Bello Kwara State Geographic Information Service Ebun-Olu Adegboruwa VADA Yaru Abdulkadir Orire Assayomo Oasis Muslim Care Foundation Oko-Erin Kwara Metro Park Busari Toyin Isiaka Dairo Kunle Paul Fatai Garuba Labaka Alaaya Olateju Lukman Yahaya Dumoye GRA Minister Elerin Of Adanla Irese Yoruba Lola Ashiru Kaiama Press Release Ayinde Oyepitan Musa Yeketi Ahmed Saidu Rufai Bashiru Makama Colleges Of Education Academic Staff Union AbdulGaniyu Kareem Mutawali Olatunde Jare Umar Saro Baboko Primary School Stephen Fasakin Lithium Deposit Association Of Kwara State Online Media Practitioners Wahab Agbaje Olatunji Ayeni Oloyede Fareedah Dankaka Federal Polytechnic Offa Tosho Yaqub Hameed Oladipupo Ali Igbomina Abdulkadri Ahmad Alaiye Elesie Of Esie Just Law Forum Olumide Daniel Ibitoye Ajidagba Mope Dasuki Belgore Garment Factory Saadatu Modibbo-Kawu TETFUND Ayobami Seriki Gambari Kupchi Hosea Maxwell Salihu Ajia Amina El-Imam Harafat E. Mukadam General Tunde Idiagbon International Airport Rihanat Ajia David Oyedepo AbdulHakeem Ajibola Akanbi Dan-Kazeem Aliyu Umar Ilorin South Turaki Of Ilorin Oko Ridwan Agboola Olatunde Olukoya Suleiman Idris General Hospital, Ilorin Fola Consultant Kawu Bilikisu Gambari Aso-ofi Raliat Islamic Foundation

