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.

ITP     National Association Of Nigerian Students     Salary     Memunat Monsuma     Akume     Asiwaju Bola Tinubu     Vasolar-Kwara Company Ltd     Muhammed Abdullahi     Yahaya A Paniyaro     Chemiroy Nigeria Limited     Amina Susa\'a De Ahmed     Titus Suberu-Ajibola     Mohammed Abdulahi     Sarakite     Ilesha-Baruba     ASMAU PLAZA     Awili Pedro     Amos Sayo     Igosun     Christopher Tunji Ayeni     Suleiman Alege Kuranga     Tosho Yaqub     AGM Professional Services     Frootify     Mustapha AbdulGaniyu     Amina El-Imam     Offa Descendants Union     Harmony Holdings     Galadima     Alliance For Democracy     Tanke     Jimoh Olusola Imam     Economic And Financial Crimes Commission     Dan-Kazeem     Taofeeq Olateju     ER-KANG Mining Nigeria Company Limited     Sa\'ad Alanamu     Sherif Shagaya     Odo-Owa     Popo-Igbonna     Kannike     Durbar     Bashir Badawi     Kwara State Infrastructure Development Fund     Forgo Battery Company Limited     Bahago     Ilorin Descendants Progressive Union     Sardauna     Sabi     Muhammadu Buhari     Monthly Sanitation Exercise     Colleges Of Education Academic Staff Union     Amule Elementary School     Abdulkadir Orire     Mohammed Abduraheem     Ahmed Dankaya     Rebecca Bake     Omoniyi Ayinla     Press Release     Ballah     CKNG     Isiaka Yusuf     African Democratic Congress     Ado Ibrahim     Kwara State Health Insurance Agency     Ilorin Anchor Men And Women     JAMB     M.Y. Abdulrahaman     Ishaq Oloyede     Bamidele Adegoke Oladimeji     Arinola Fatimoh Lawal     Pilgrims Board     Ajibola Saliu Ajia     Talaka Parapo     Imodoye Writer’s Enclave     Abdulwahab Oba     Senior Ibrahim Suleiman    

Cloud Tag: What's trending

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

Ilorin Curfew     Nigeria Foundation For Artificial Intelligence     Okala Baba     Modupe Oluwole     Tunde Mukaila Mustapha     Ahmed Saidu Rufai     Iponrin     Hassan Oyeleke     Isin     Mope Dasuki Belgore     Yomi Adeboye     Galland Marcias     Muyiwa Oladipo Kanu     Kwara TV     Michael Nzekwe     Mutawalle     Odogun Olushola Gabriel     Kwara State Governor     PharmAccess Foundation     Aremu Bose Deborah     Lanre Issa Onilu     CT Ayeni     Budo-Egba     Kwasu     Medview Airlines     Olokoba     Ghali Muhammed     Shehu Adaramaja     Umar Gunu     Ella Supreme Tissue Paper     Umar Bayo Abdulwahab     Senate     Abdulmutalib Shittu     Adanla-Irese     Rasaq Jimoh     Hauwa Nuru     Raliat AbdulRazaq     Kwara State Infrastructure Development Fund     Shaaba Lafiagi     Ethical College     Olatunde Michaels     Isa Aremu     Prince Mahe Abdulkadir     Shehu Alimi Foundation For Peace And Development     Gbenga Awoyale     Sabo-Oke     Ramat Oganija     Rueben Parejo     Public Holiday     Gbemisola Oguntimehin     Marufat Oladosu     Afetu Of Alabe     Ijakadi     AbdulKareem Yusuf Danhawa     BIR     Wahab Egbewole     Academic Staff Union Of Universities     Hamid Bobboyi     General Tunde Idiagbon International Airport     Kunle Suleiman     Binta Abubakar Mora     Lanre Aremu     IF-K     Pakata Development Association     Ibrahim Orire     Funmi Salau     Yoonus Lawal     Isiaka Danmeromu     ARMTI     ENetSuD     Biliaminu Aliu     Salake     KWIRS     Owo Isowo     Kuliyan Geri     Ayo Opadokun     Oba Abu