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.

Shehu Alimi Foundation For Peace And Development     Radio SBS     Ibrahim Abdullahi     Yemi Osinbajo     Ahmed Shuaib Buranga     Monsurat Omotosho     Tsaragi/Share     Playing Host     MATTA Girls Foundation     Muhammed Taofeeq Abdulrazaq     Eleyele     Akume     Read With Me     Federal Neuro-Psychiatric Hospital     Alloy Chukwuemeka     Ashiru     Bayo Mohammed Onimode     Awili Pedro     Elelu     Abdulbaqi Jimoh     Niyi Osundare     Transition Implementation Committee     Maigida Soludero Transit     Umar Danladi Shero     Dan Iya Of Ilorin     Awoye     Abdulrazak Shehu Akorede     Tanke     Olaiya Victor Mobolaji     Imodoye Writer’s Enclave     Tunji Arosanyin     Sheriff Shagaya     Crystal Corner Shops     Saeedat Aliyu     Gbadeyan Gbadura Yomi     Benin Republic     Lithium Deposit     James Kolo     Kolo     Irepodun     Mutawali Of Ilorin     Abdulraheem Yusuf     Millennium Development Goals     Abdulrazaq Magaji     Voices Of Tomorrow     Aremu Odolaye     Femi Oladiji     Gbemisola Saraki     Raliat Islamic Foundation     NNPP     AbdulHamid Adi     Popo-Igbonna     Abdulmumini Sanni Jawondo     Smart School     Amina El-Imam     Kwara Poly     Anilelerin     Seni Saraki     Buari Edun     AGM Professional Services     Share-Tsaragi     Ibrahim Sulu Gambari     Saadu Gbogbo Iwe     Air Peace     Ile Arugbo     Okin Biscuit     Kudirat Arinola Lawal     Ramat Oganija     Babatunde Ishola Babaita     Offa Descendants Union     AGILE Programme     Abdulrasheed Na\'Allah     Just Event Online     Taofeek Sanusi     Ajuloopin     Ministry Of Women Affairs And Social Development     Www.Kwarareports.com    

Cloud Tag: What's trending

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

Esuwoye     Busari Alabi Alausa     Sulu Babaita Isiaka     Elelu     Risikat Lawal     Borgu     Muhammed Taofeeq Abdulrazaq     Saudat Abdulbaqi     Federal Road Maintenance Agency     Agboola Abdulraheem     Egbejila     Facemasks     Femi Gbajabiamila     Suleiman Idris     Opolo Global Innovation Limited     Abdulrazaq Akorede     Issa Memunat Moyosore     Clara Nwachukwu     Abdulkarim Adisa     Yusuf Badmus     Turaki     ASMAU PLAZA     Kwara Politics     Sam Okaula     Ibrahim Oloriegbe     Nurudeen Mohammed     Elections     Najim Yaasin     Vasolar     Charcoal     Bamidele Adegoke Oladimeji     Cornelius Adebayo     Erubu     Victor Gbenga Yusuf     Patience Jonathan     Mufutau Olatinwo     Fatimoh Lawal     Apaokagi     SARS     Abraham Ojo     Ilorin.Info     Adisa Logun     Academic Staff Union Of Universities     Mohammed Halidu     Clement Yomi Adeboye     Alabe     Mahmud Ajeigbe     Paul Olawoore     Hussein Oloyede     Sa\'adu Salau     Gambari     Mohammed Yahaya Barki     Nnazua     Soffiyyallah Kamaldeen     Ahmed Mohammed Rifun     Yusuf Olaolu Ali     Charles Ibitoye     Student Learning Support Helpline     Aremu Odolaye     Bola Tinubu     Salihu Yahaya     Kisra     Bello Abubakar     Makama Of Kaiama     Muhammadu Buhari     Mohammed Lawal Bagega     Adekunle David Dunmade     Ilorin Emirate Staff Association     Imam Gambari     Medview Airlines     Ganiyu Abolarin     Raliat AbdulRazaq     Gamji Members Association     Jide Ashonibare     Usman Rifun     Anilelerin     GANZY