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.

Lawal Jimoh     Razak Atunwa     Alabe     Oniwa     SAPZ Project     YAKOOYO     Funmilayo Braithwaite     Oloye     Bolakale Ayo     Shuaib Boni Aliyu     Haashim Initiative For Community Advancement     Katibi Ibraheem Adeola     Principal Private Secretary     Jumoke F. Ajao     Offa Metropolitan Club     Kwara Metro Park     Smart School     Frootify     Maryam Nurudeen     Saka Adeyemo     Ahmed Idris Mohammed     Kola Ologbondiyan     Tafida Of Kaiama     Elerinjare     Saliu Tunde Bello     Yusuf Ali     Roseline Oni Aremu     Ayobami Akanbi     Akanbi-Oke     Charcoal     EndSARS     Monthly Sanitation     Laolu Saraki     Femi Agbaje     Samari     Rihanat Ajia     Saheed Popoola     Sam Okaula     Sa\'adu Gambari     Tanke Road     Olatunji Moronfoye     Bola Ahmed Tinubu     Press Release     RTEAN     Esuwoye     Radio SBS     Aisha Buhari     Simeon Sayomi     Baba Isale     Okedare     Abdulkadir Orire     Aremu Bose Deborah     Abubakar Lah     Muhammad Akande Olarewaju Odunade     Yusuf Zulu-Gambari     Mohammed Lawal     Kwara University Of Education     Muritala Awodun     John Dara     Mustapha AbdulGaniyu     Aisha Abodunrin Ibrahim     GRA     Saadatu Modibbo-Kawu     Olaoye B. Felix     Adam Abdullahi Al-Ilory     Modibo Kawu     College Of Arabic And Islamic Legal Studies     Olayinka Oladapo Jogunola     Naira Redesign     Issa Baba     Ilorin Emirate Staff Association     Sunset Workers     Isiaka AbdulRazaq     Federal Neuro-Psychiatric Hospital     Alanamu     Sheikh Ridhwanullah     Nigeria Computer Society    

Cloud Tag: What's trending

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

Saliu Ajia     ASKOMP     Simeon Sule Ajibola     Kwarareports     Mumini Ishola Hanafi     Adekunle David Dunmade     Jimoh Lambe Abdulkareem     Odolaye Aremu     Sayomi     Babatunde Ishola Babaita     Onilupeju Of Ilupeju     Niguel Gallando Marcias     Sheikh Ridhwanullah El-ilory     Mohammed Haruna     Admiralty Villa     C2c@kwarastate.gov.ng     Modibo Kawu     Kwara State Health Insurance Agency     Nurudeen Mohammed     Rotimi Samuel Olujide     Shaaba Lafiagi     Ojuekun     Adamu Ibrahim Sabi     Hassan Abdulazeez Elewu     UNILORIN Alumni     Oba Abdulrahim     Tunde Mukaila Mustapha     Offa     Ogbondoroko     FOMWAN     Musa Yeketi     Owu Fall     Abdulrosheed Okiki     Federal Allocation     Convocation Ceremonies     Ayinde Oyepitan     Onilorin Of Ilorin     Ahmed Bolaji Nagode     Geri-Alimi Split Diamond Interchange     Olubukola Kifayat Adedeji     Yusuf Amuda Gobir     Bature Bello     Ilorin Muslim Community     Babatunde Idiagbon     Yekini Adio     Sulyman Abdulkareem     Alanamu     Abdulrazaq Adebayo     Towoju     Femi Ogunsola     Bibire Ajape     Kubra Kazum     Offa Metropolitan Club     Raymond Olaitan     Taiwo Joseph     Eruku     Shuaib Abdulkadir     Sola Saraki Educational Foundation     Fatai Adeniyi Garba     Abubakar Imam     Baba Adini Of Kwara State     Olofa Of Offa     Abdullahi Biffo     NSCIA     Ministry Of Women Affairs And Social Development     Kwara Liberation Group     Jani Ibrahim     Jide Oyinloye     YAKOOYO     Ilorin East/South Federal Constituency     Alfa Belgore     New Model Police Station     Folaranmi Aro     Baba Issa     Bashir Adigun     Christian Association Of Nigeria     Abdulwahab Ololele