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.

Timothy Olatunde Fadipe     Saba Mamman Daniel     Makama Of Kaiama     Kwara Politics     Oba Abu     Arinola Fatimoh Lawal     Ishaq Salman     Lateef Alagbonsi     Bayo Ajia     Principal Private Secretary     Idowu Aremu     Lai Gobir     Valsolar Consultoria     Muhammad Fawaz Abubakar     Bilikisu Gambari     Temi Kolawole     Abdulrazaq Akorede     Special Agro-industrial Processing Zone     Umar Gunu     Clement Yomi Adeboye     Chartered Institute Of Personnel Management Of Nigeria     Leke Ogungbe     Goodluck Jonathan     Taofik Abiodun Ahmed     Oluwole Dupe     Jimoh Olusola Imam     Olushola Saraki     Atiku     Olaiya Lawal     Ilesha Gwanara Road     Abubakar Suleiman     Mohammed Alabi Lawal     Iyiola Oyedepo     Sidikat Alaya     Abraham Ojo     Saidu Kawu     Hussein Olokooba     Adisa Logun     Woro     Abdulkareem Alabi     Yekeen Alabi     Aminat Ahmed     Wole Oke     Bureau Of Lands     Kwara NIPR     Ijagbo     Pakata Development Association     ER-KANG     Ilorin East/South Federal Constituency     Ebola     Kehinde Baale     Kwara     Abdulwahab Olarewaju Issa     Ajasse-Ipo     Bolaji Gambari     Saadu Gbogbo Iwe     Oko-Erin     Kwara Pdp     Bibire Ajape     Council Of The Wise     Kwarareports     Academic Staff Union Of Universities     Kayode Yusuf     Chikanda     Alfa Belgore     Muhammad Toyin Sanusi     Special Agro-Industrial Hub     Sabi     Federal Polytechnic Offa     Bukola Ajikobi     Gobirawa     Rasheed Jimoh     Kawu Baraje     Ilorin West/Asa Federal Constituency     Ramat Oganija     Lukman Adeloyin     Usman Rifun    

Cloud Tag: What's trending

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

Dogara     Ethical College     Kehinde Boyede     Tunji Folami     Omoniyi M. Ayinla     Alikinla     Olaoye B. Felix     Saidu Yaro Musa     Michael Nzwekwe     Saraki     Ahmad Olayiwola Kamaldeen     Inside Kwara     Bolakale Ayo     Saba Mamman Daniel     Solomon Edoja     Lanre Aremu     Government High School (GHS), Adeta     Mohammed Alabi Lawal     Nigeria Computer Society     Abdulmajeed Wahab     Alabe     Muhammed Abdullahi     Olatunde Jare     Aliyu Muhammed     ITEM 7     Stephen Fasakin     Chartered Institute Of Personnel Management Of Nigeria     Sadiq Buhari     Abatemi-Usman     Mazars Consulting     Abdulkadri Ahmad Alaiye     Mujtabah Bature     Al-Hikmah University     Isau     Jaiz Bank     Sa\'adu Salahu     Millennium Development Goals     Yoruba     Abdulrazaq Solihudeen     Saka Onimago     Sun Qing Rong     Yusuf Badmus     Joseph Offorjama     Dorcas Afeniforo     Ado Ibrahim     YAKOOYO     Kayode Ibrahim     Isiaka Alikinla     Olayinka Jelili Yusuf     Ibrahim Oniye     Michael Ologundea     Samuel Adedoyin     Ajase-Ipo     Owo Arugbo     Shonga Farm Project     Olam Food Ingredients     FOMWAN     Vishvas KOZ Tractors     Ahman Pategi University     Alao Ayotunde     Tunji Moronfoye     Coronavirus     Abdullahi Atanda     Aliyu Olatunji Ajanaku     Tsaragi/Share     Shade Omoniyi     Abioye Bello     College Of Arabic And Islamic Legal Studies     Split Diamond Interchange     Abraysports FC     Olatunji Ayeni     Yahaya Seriki     A.O. Belgore     Tunji Ajanaku     University Road     Nigeria Customs Service     2023 Elections