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.

Niyi Ogundiran     Adedeji Onimago     April 11     Sa\'adu Gambari     Convocation Ceremonies     Adamu B. Yaqubu     Edret Sabi Abel     Bursary     All Confederation Of Principals Of Secondary Schools     Baruten     Elerin Of Adanla     Hussein Oloyede     Erubu     Jide Ashonibare     COVID     Oba Mogaji Abdulkadir     Samari     Kaiama     Popo-Igbonna     Ajeigbe     Saka Saadu     Oloyede     Ajidagba     Nigerian Medical Association     Abdulkadir Bolakale Sakariyah     KWASEIC     Egbewole     Fulani     Michael Ologundea     Ayoade Akinnibosun     Ishola Moses Abiodun     Adeleke Ogungbe     KFA     20 Billion Bond     Riskat Opakunle     Ahmed Saidu Rufai     Isiaka Alikinla     Oke-Ode     Maryam Ado Bayero     Isiaq Khadeejah     Oba Of Jebba     Sunday Otokiti     Mansur Alfanla     John Kehinde Salako     Temi Kolawole     Joana Nnazua Kolo     HICA     Musa Ayinla Yeketi     Tescom.kwarastate.gov.ng     Ita-Nmo Market     Irepodun     Arinola Lawal     Offa Grammer School     Alfa Yahaya Road     Kolawole Akande     Federal Polytechnic Offa     Kwara 2015     Moshood Bakare     Binta Abubakar-Mora     Bello Abubakar     Pategi     Ilorin Water Reticulation     Ilorin Emirate     Oko     Osuwa     Taofik Abdulkareem     Kale Ayo     KW-GIS     Ishaq Abdulkarim     Oro Grammar School Old Students Association     Abdulmumini Jawondo     Yakub Ali-Agan     Gobirawa     Harrison Osauwagboe     Galadima     Abdulrauf Yusuf     Senior Staff Union Of Colleges Of Education    

Cloud Tag: What's trending

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

Bisi Kristien     Ebun-Olu Adegboruwa     Isa Aremu     Theophilus Oyebiyi     Mohammed Khadijat Kubura     Forgo Battery     Abiodun Musa Aibinu     SSA Youth     March 18     Olusola Saraki     Shade Omoniyi     Sadiq Buhari     Abdulrasheed Na\'Allah     Nigeria Foundation For Artificial Intelligence     Aliyu Muhammad Saifudeen     NITDA     Adamu Atta     Sheikh Alimi     Lawal Arinola Kudirat     Binta Abubakar-Mora     Baboko     AbdulRazaq Abubakar Jiddah     Funmilayo Oniwa     Basic Education Certificate Examination     Kwara State Coalition Of Business And Professional Associations     Bareke     Mahmud Durosinlohun Atiku     Muhammed Aliyu     Overland     Alapansapa     Chikanda     ENetSuD     AbdulGafar Tosho     Ahmad Lawan     Suleiman Yahya Alapansapa     Ajeigbe     Fatai Adeniyi Garba     Solomon Edojah     AbdulRazaq AbduMajeed Alaro     Damilola Yusuf Adelodun     Rafiu Ibrahim     Bluenile Associates     Saka Saadu     International Aviation College     UNILORIN Alumni Association     Olateju Lukman     Dele Belgore     Anilelerin     Jebba     Emmanuel Olatunji Adesoye     Ayoade Akinnibosun     Ilorin Likeminds Foundation     Mahee Abdulkadir     Dan Masanin     MMWG     Haliru Dantoro     GAMA     Bond     Ijagbo     Bayo Ojo     Afeyin-Olukuta     Ishaq Oloyede     Ophthalmological Society Of Nigeria     Alfa Modibbo Belgore     Kayode Alabi     Towobola Abdulrahman Toyin     Women Radio     Funmilayo Zubair     ASUU     Bola Olukoju     Abdulganiyu AbdulAzeez     Obuh     Muritala Olarewaju     Galadiman Ngeri     Ilorin.Info     Iyaloja-General     Abdulrazaq Sanni