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.

Sai Kayi     Umar Ayinla Saro     Maja     Ajibola Saliu Ajia     Alao Ayotunde     Naira Redesign     Azeez Bello     Ambassador Kayode Laro     Student Learning Support Helpline     Ijagbo Health Centre     ER-KANG     Lanre Issa Onilu     HICA     Nigerian Supreme Council For Islamic Affairs     Bature Bello     Musa Abdullahi     Sherif Shagaya     Ahmed Bolaji Nagode     Tricycle Owners Association Of Nigeria     Islamiya Abdulraheem     Mahmud Ajeigbe     Ayinde Oyepitan     Colleges Of Education Academic Staff Union     AbdulGafar Tosho     Siraj Oyewale     Hameed Oladipupo Ali     Oyedepo     Samuel Olusegun Adedayo     Sidikat Akaje     Ajibola Ademola Julius     Soffiyyallah Kamaldeen     Saadu Yusuf     Jeunkunu-Malete-Bani     Alaiye     Muideen Olaniyi Alalade     Ibrahim Oniye     Taofik Abdulkareem Babaita     Iyiola Oyedepo     IESA     Eleja Taiwo Banu     Emmanuel Olatunji Adesoye     Zulkifli Ibraheem     Ado Bayero     Abdulrosheed Okiki     Kishira     Eleja     Ilesha Gwanara Road     Ilota     MINILS     Shade Omoniyi     Alapansapa     Oloje     Amusement Park     Kehinde Baale     KW-GIS     Alapado     Sa\'adu Gambari     Baba Isale     Lanwa     Suleiman Rotimi Iliasu     Titus Ashaolu     Oke-opin     Tafida     Samuel Adedoyin     Tunde Akanbi     Maigida     Mustapha Olanipekun     Okin Group     Gbadeyan Gbadura Yomi     Timothy Akangbe     JAAC     Nnazua     Atiku Abubakar     Abdulmumini Sanni Jawondo     Rabiu Kwankwaso     Old Oyo     Moses Adekanye    

Cloud Tag: What's trending

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

Borgu     Kwarareports     Ilorin Emirate     Ojo Fadumila     Matthew Babaoye     Yakubu Shaaba     Ibrahim Abduquadri Abikan     International Vocational Centre     Ilorin Likeminds Foundation     Frootify     Kwarareports.com     Amule     Col. Ibrahim Taiwo     Azeez Bello     Amina El-Imam     Agbarigidoma     Harafat E. Mukadam     V.O. Abioye     Otoge     Prince Mahe Abdulkadir     IF-K     MINILS     Edret Sabi Abel     Joseph Yemi Ajayi     Alao Ayotunde     Kale Kawu     Ike Ekweremadu     Abdulkadir Bolakale Sakariyah     General Tunde Idiagbon International Airport Ilorin     Bayo Onimago     Ayodele Shittu     Abdulsalam Firdaous Amosa     Yusuf Amuda Aluko     Iyaloja-General     Ayotunde Emmanuel Alao     Simeon Sule Ajibola     Abdulazeez Uthman     Millennium Development Goals     Yahya Mohammed     Opolo Global Innovation Limited     Rotimi Samuel Olujide     Akeem Olatunji     Baboko     Transition Implementation Committee     Orisa Bridge     Isiaka AbdulRazaq     Damilola Yusuf     Tuesday Assayomo     Alloy Chukwuemeka     Adanla-Irese     UNIFEMGA     Musa Aibinu     Elerin Of Erin-Ile     Paul Olawoore     Michael Ologundea     Haruna Tambiri Mohammed     3MTT     Olatunde Michaels     Ajayi Okasanmi     Bayo Ajia     Abubakar Abdulraheem     Ethical College     A.E. Afolabi     Ebun-Olu Adegboruwa     Sola Saraki Educational Foundation     SUBEB     Alabi Olayemi Abdulrazak     Rice Farmers Association Of Nigeria     Salihu S. Yaru     Yakub Lai Gobir     Ayo Adeyemi     Oni Adebayo     Yoonus Lawal     Okedare     Bello John Olanrewaju     Nigerian Army     Issa Memunat Moyosore