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.

Twitter     Ajibike Katibi     Halimat Yusuf     Patigi Regatta     Ahmad Olanrewaju Belgore     Katibi Ibraheem Adeola     Abdulmalik Bashir Mopelola Risikatullahi     Abdulrahman Abdullahi Kayode     Abdulwaheed Musa     Aliyu Sabi     Summit University     National Pilot     Agbarigidoma     Mohammed Yisa     Saidu Kawu     Ohoro Of Shao     BECE     Abdullahi Atanda     Afolabi-Oshatimehin     Vasolar Consultoria     Bayo Lawal     Paul Odama     Special Agro-Industrial Hub     TVC Female National Debate     Christopher Tunji Ayeni     Senior Staff Union Of Colleges Of Education     Oniwasi Agbaye     Baboko     Yusuf Mubarak     Ogidi-Oloje     Ijagbo     Aiyedun     Oya State     Saka Keji     Bilikisu Gambari     Olomu Of Omu-Aran     Awoye     Issa Baba     Oke-Ogun     REO CAKES     Laduba     Henry Makinwa     HICA     Bashirat Bola Bello     Turaki Of Ilorin     SSA Youth     Abdulrazaq Solihudeen     Musa Aibinu     Bolakale Kawu Agaka     Abdulmumin Yinka Ajia     Alliance For Democracy     Ayotunde Emmanuel Alao     Lai Mohammed     High Court     Saheed Popoola     Asiwaju Bola Tinubu     Oke-Odo     Muideen Olaniyi Alalade     Monthly Sanitation Exercise     Abdulkadir Orire     Joseph Offorjama     Woro     EndSARS     Olateju Lukman     Bankole Omisore     Centre For Peace And Strategic Studies     C2c@kwarastate.gov.ng     Sadiq Umar     Abiodun Jacob Ajiboye     Amos Justus Sayo     KW-GIS     Balogun Gambari     Erin-ile     Bola Ahmed Tinubu     Bola Shagaya     Mohammed Khadijat Kubura     Ilorin Like-Minds    

Cloud Tag: What's trending

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

Aliyu Sabi     Shehu Alimi Foundation For Peace And Development     Fulani     Abdulmumin Yinka Ajia     Ayekale     Ibrahim Orire     Alimi     Kayode Ishola     Ghali Muhammed     Wale Oladepo     Shehu Salau     Omoniyi     Sola Saraki University     Saliu Ajia     Alagbado     Abdullahi Atanda     Dan-Kazeem     Abdulhakeem Adelaja Amao     Shettima Of Ilorin     Academic Staff Union Of Universities     Lateef Fagbemi     Niyi Ogundiran     KWSUED     Jawondo     Rex Olawoye     Ahmed Bolaji Nagode     Ilota     Ibrahim Jawondo     Salaudeen Oyewale     Bola Iyabo Ibiyeye Adisa     Ibikunle Ogunleye     Belgore     Ibrahim Abdulkadir Abikan     Memunat Monsuma     Ahmad Fatima Bisola     Gaa Olobi     Kunle Suleiman     Ishola Moses Abiodun     Yusuf Aiyedun     Democracy Day     Ilorin East     Christopher Tunji Ayeni     Matthew Okedare     Pakata     Rasaq Jimoh     Apata Ajele Secondary School     Moji Makanjuola     Shehu Jimoh     Wasiu Onidugbe     Sabi     Joseph Alex Offorjama     Awoye     Esuwoye     JMK Construction Company Limited     Local Government     Imodoye Writer’s Enclave     Veterinary Teaching Hospital     Ladi Hassan     Javed Khan     Kwara State Television (KWTV)     Abdulwaheed Musa     GANZY     V.O. Abioye     Hassanat Bello     Just Event Online     BIR     Hussein Oloyede     Iyabo Dupe Adekeye     Sardauna Of Ilorin     Ahmed Bayero     Isin     Umaru Saro     Quareeb     Kamoru Kadiri     MATTA Girls Foundation     Shehu Adaramaja     Sulyman Atolagbe Alege