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.

Folaranmi Aro     Face Masks     Oyeyemi Olasumbo Florence     Suleiman Ajadi     Saheed Alakoso     Barakat Community Secondary School     Photo News     Nagode     Shola Odetundun     Yusuf Zulu-Gambari     Abdullahi Dasilva Yussuf     Folorunsho Alao     Olaosebikan     National Association Of Nigerian Students     Alagbado     Muhammed Danjuma     Oladimeji Thompson     CUTI     HAMFAT Clinic And Maternity     Ayodele Olaosebikan     SUBEB     Sherif Sagaya     Ishaq Salman     Tosin Saraki     Yusuf Ibitokun Sherifat     Kwara State Geographic Information Service     Abdulkadir Bolakale Sakariyah     Isiaq Khadeejah     Mumini Ishola Hanafi     Wahab Olasupo Egbewole     Abubakar Lah     Yahaya A Paniyaro     Computer Based Test     Rapheal Ashaolu     Tayo Awodiji     Bolakale Kawu     Zubair Folorunsho Erubu     Plat Technologies Limited     Agboola Abdulraheem     Kwara State Health Insurance Agency     Hakeem Lawal     Olumide Daniel Ibitoye     Bolakale Saka     Ajikobi     Afonja Descendants Union     Arik     Kayode Bankole     Hauwa Nuru     Seni Saraki     Bank Of Industry     Oyin-Zubair     Suleiman Rotimi Iliasu     Bola Sagaya     Aremu Odolaye     Kwha.gov.ng     Risikat Lawal     Lateef Alagbonsi     Temitope Ogunbanke     Abdulfatai Salman Baakini     Yaru     Kola Ologbondiyan     Donatus Ejidike     FERMA     Aliyu Olatunji Ajanaku     Oba Abdulrahim     NITDA     Isin     Shehu Jimoh     Sulu Gambari     Sobi FM     Bello Oyebanji     Ilorin South Constituency     JAAC     Babajide Ajayi     Abdulmajeed Abdullahi     SWAN     Abdulrazaq Solihudeen    

Cloud Tag: What's trending

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

Rice Farmers Association Of Nigeria     Mutawalle     John Mayokun Dada     Lola Ashiru     Michael Nzwekwe     Salami Adekunle     Ayeyemi Sulaiman     Aisha Ahman-Pategi     Ejidongari     Bluenile Associates     Saad Omo Iya     Segun Olawoyin     Popo-Igbonna     Bola Sagaya     Wahab Femi Agbaje     NULGE     Shuaib Boni Aliyu     Abubakar Baba Sulaiman     TESCOM 2025     Funke Adedoyin     Nigeria Association Of Women Journalists     Sabo-Oke     Basic Education Certificate Examination     Dapo Teni Nig Enterprise     Saad Belgore     Shola Odetundun     Ahmed Mohammed Rifun     New Naira Notes     Baruten     Isiaka Alikinla     Oba Abdulkadir La\'aro     Babajide Ajayi     Abdulahi Abubakar Bata     State Bureau Of Internal Revenue     Shuaib Abdulkadir     Sam Onile     Oko Erin     Minimum Wage     Dasuki Belgore     Women For Change And Development Initiative     Sidikat Uthman Ajibola     Michael Nzekwe     FERMA     Ahmad Olayiwola Kamaldeen     Kwara Muslim Pilgrims Welfare Board     Abdulmalik Bashir Mopelola Risikatullahi     George Innih     Olatomiwa Williams     Forgo Battery Company Limited     Vasolar Consortium     Haashim Initiative For Community Advancement     Vishvas KOZ Tractors     BECE     Usman Alkali Baba     Societe Generale Bank Of Nigeria     Y.A. Abdulkareem     Muhammad Yahya     Bank Of Industry     March 28     Valsolar     Kamaldeen Gambari     Salihu Alhaji Musa     Theophilus Oyebiyi     Amuda Bembe     Toyin Abdullahi     Bayo Ojo     Abubakar Lah     Ado Ibrahim     Na\'Allah     Adama Isa     Roseline Oni Aremu     AbdulGaniyu Kareem     Bashir Omolaja Bolarinwa     NIPR     Offa Metropolitan Club     Isiaka Danmeromu     Okanlawon Musa