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.

Taofik Mustapha     Iyiola Oyedepo     Rebecca Bake     Communication Network Support Services     Tafida Of Kaiama     Ekweremadu     Mustapha AbdulGaniyu     Ajasse-Ipo     Emir Of Lafiagi     Tayo Alao     Hassanat Bello     Shaaba Lafiagi     Musbau A. Akanji     Arandun     AGF Abdulrazaq     Afeyin-Olukuta     Abdulrahman Abdulrazaq     Zulkifli Ibraheem     Oni Adebayo     Olukotun Of Ikotun     TESCOM 2025     Garuba Alikinla Shittu     Malete     Gbugbu International Market     Oba Mogaji Abdulkadir     Marufat Oladosu     Afonja     Special Agro-industrial Processing Zone     Abioye Bello     Shonga     Coalition Of Kwara North Groups     Kwara Volleyball Association     Rihanat Ajia     Tsaragi     Ibikunle Ogunleye     Adebayo Mohammed Kamaldeen     Federal Allocation     Majlis For Sadaqah, Zakat And Waqf     Maimunat Oloriegbe     Photo News     Ajibike Katibi     Yahaya Muhammad     Olomu Of Omu-Aran     Olushola Saraki     Suleiman Abubakar     Moronfoye     Saliu Tunde Bello     Idofin     Abdulrahman Abdullahi Kayode     Frootify     Madawaki Of Ilorin     March 18     Ayotunde Emmanuel Alao     Oloriegbe     Lotus Bank     Abdulrahman Abdulrasaq     AbdulGaniyu Kareem     Aisha Gobir     Lafia Aliyu Korasabi     Onilupeju Of Ilupeju     Hauwa Nuru     Kwara Muslim Pilgrims Welfare Board     Yemi Sanni     Logun     Lawal Jimoh     Fatimah Abdulkadir     Victor Gbenga Yusuf     Oniyangi     Salihu S. Yaru     Shehu Salau     Monsurat Omotosho     Saad Belgore     Smart School     Charles Ibitoye     Owo Isowo     Modibo Kawu     Christopher Tunji Ayeni    

Cloud Tag: What's trending

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

Memunat Monsuma     Sunset Workers     Al-Hikmah University     Olupako     Saheed Akinwumi     Sheikh Ariyibi     Afonja Descendants Union     Femi Agbaje     Imodoye Writer’s Enclave     Adedipe     Government Girls’ Day Secondary School Pakata     Fatimoh Lawal     Esinniobiwa Quareeb     Saidu Yaro Musa     Abdulrosheed Okiki     Saadu Alanamu     TIC     Shururat Olatinwo     Falokun-Oja     Waheed Ibrahim     Sanusi Abubakar     Bolakale Kawu     Olajumoke Monsura Gafar     Adaramaja     Oni Adebayo     Laboratory-to-Product     Okiki     Yaru     Olota Of Odo-Owa     Saliu Oluwole     All Peoples Party     Shehu Jimoh     Galland Marcias     Yunus Oniboki     Adamu Jemilat-Baki     Saliu Tunde Bello     CELF     Bolaji Aladie     Nigeria Computer Society     Offorjama     Baba Issa Awoye     Ilorin General Hospital     Kayode Oyin Zubair     Mohammed Lawal Bagega     Senior Ibrahim Suleiman     Abdulfatai Baakini     Nigeria Customs Service     Salary     Umar Bayo Abdulwahab     Tuesday Assayomo     Samuel Adaramola     Afolabi-Oshatimehin     Suleiman Yahya Alapansapa     Kayode Issa     Lanre Olosunde     Raymond Olaitan     National Information Technology Development Agency     Raheem Adaramaja     Federal Allocation     New Naira Notes     Salman Suleiman     Olatunde Oyeyiola     Abdulrazaq Aiyelabegan     NURTW     REO CAKES     Oko-Olowo     Abdulrazak Shehu Akorede     Nigerian Supreme Council For Islamic Affairs     Mohammed Lawal     Mutawalle     Kale Kawu     Isiaka Abdulrazak     Ahmad Uthman     Kaiama     Olayinka Jelili Yusuf     Amuda Aluko     Galadiman Ngeri