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.

Kolade Solagberu     Vasolar-Kwara Company Ltd     Yetunde Balogun     Adebayo Salami     Moshood Kashimawo Abiola     Okedare     All Confederation Of Principals Of Secondary Schools     Olabode George Towoju     Abdulrahman Abdulrazak     Titus Suberu-Ajibola     Baba Issa Awoye     Ishaq Oloyede     Muhammed Mahe Abdulkadir     Sodiya     Ndakene     Awoye     CKNG     2017 Budget     Doyin Group     Babaita     Olaosebikan     Agboola Abdulraheem     Bola Iyabo Ibiyeye Adisa     Kwara State Coalition Of Business And Professional Associations     Plat Technologies Limited     KW-GIS     Olayinka Oladapo Jogunola     Air Peace     Jimba Babatunde     Sabo-Oke     Kwabes     Ibrahim Abdullahi     Omotoso     Madawaki     Elekoyangan     Afin Descendants Union Of Odo-Owa     Ilota     Durbar     Aisha Ahman Pategi     Ado Ibrahim     Kwara     Abdulmumini Sanni Jawondo     Saidu Isa     Saka Aleshinloye     Ganmo     Abdul-Rahoof Bello     BIR     Kayode Laro     Aliyu Olatunji Ajanaku     KWASIEC     Temi Kolawole     Bamikole Omishore     Odo-Owa     Baba Issa     Magaji Are     Kwasu     AbdulRazaq Abubakar Jiddah     Oloriegbe     Inside Kwara     Daud Adeshola     Gbugbu     Kwara Metro Park     LABTOP     Kazeem Gbolagade     AbdulRazaq Jiddah     Ajia-Bako     Mohammed Yahaya Barki     Saadu Yusuf     Yekini Adio     Alaiye     Iyaloja-General     Ajeigbe     YAKOOYO     Baboko Primary School     Oke-Odo     Afolabi-Oshatimehin     Aiyedun    

Cloud Tag: What's trending

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

Ilorin Central Mosque     Victor Gbenga Yusuf     John Obuh     KWASIEC     Laolu Saraki     Adolescent Girls Initiative For Learning And Empowerment     Doyin Awoyale     Toun Okewale-Sonaiya     NURTW     Ashiru     Plat Technologies Limited     Government House     Owode Market     Mahfouz Adedimeji     Ogbondoroko     Owo Isowo     Ambassador Kayode Laro     Belgore     Ifelodun     ER-KANG     Ubandoma     Tafida     CCEPE     Ajikobi     Muslim Cementary     Abdullahi Atanda     Abubakar Abdulraheem     Olukotun Of Ikotun     Yusuf Ali     Olushola Saraki     Frootify     Kwara State Coalition Of Business And Professional Associations     COVID-19 Palliatives     Mohammed Jimoh Faworaja     Ahmed Ayinla Jimoh     Bello Taoheed Abubakar     Idofin     Umar Ahmed Gunu     Soffiyyallah Kamaldeen     Abdulrazaq Aiyelabegan     Oba Mogaji Abdulkadir     Ahmed Saidu Rufai     Suleiman Idris     Government High School Adeta     Suleiman Ajadi     Agbarere     Saliu Tunde Bello     Khadijat Ayoola Yusuf     Femi Gbajabiamila     Kwara State Health Insurance Agency     Idowu Laro     Yashikira     March 28     Laboratory-to-Product     Cassava Growers\' Association     Chartered Institute Of Personnel Management Of Nigeria     Usman Yunusa     Tunji Olawuyi     Dairo Kunle Paul     International Vocational Centre     KwaraLearn     Wahab Olasupo Egbewole     Abdulmalik Bashir Mopelola Risikatullahi     Abubakar Kawu Baraje     Mutawali     Amuda Bembe     Hajj     Bayer Nigeria Limited     Abubakar Bature Sulu-Gambari     Kola Bukoye     Ilorin South Constituency     Ibrahim Mohammed     Kwara 2023     Countryside Emerging Leaders Fellowship     Kanu Agabi     Yahaya Muhammad     Shehu Adaramaja