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.

Jalala     Mope Dasuki Belgore     Binta Abubakar Mora     Abubakar B.M     Alao Ayotunde     Yusuf Amuda Gobir     Ilorin Emirate     NTA Ilorin     Akeem Lawal     AbdulRazaq Jiddah     Ilorin South     Oba Mogaji Abdulkadir     Dele Belgore     Imodoye Writer’s Enclave     Col. Adedipe     Ganiyu Abolarin     Garuba Alikinla Shittu     Waheed Ibrahim     Patience Jonathan     Sabi     Mogaji Aare     Saliu Ajia     Zulu Gambari     Abdulazeez Uthman     Ahmed Bayero     Asa     Muhammadu Gobir     Wahab Issa     Maja     Suleiman Abubakar     Otoge     Hauwa Nuru     LAK Jimoh     Michael Nzekwe     Offa Descendants Union     Tanke Flyover Bridge     Lafia Aliyu Korasabi     Raji Ayodele Kamaldeen     Facemasks     AbdulRasaq Abdulmajeed Alaro     Bolakale Ayo     Isau     Sam Onile     Hikmah AbdulKareem     Moji Makanjuola     Kamaldeen Kehinde     Halimah Perogi     Kwara Apc     Imam Gambari     Benin Republic     Gaa Olobi     Bola Ahmed Tinubu     Yomi Adeboye     Abdulraufu Mustapha     Ilorin Emirate Staff Association     Sola Saraki University     David Oyedepo     Lanre Badmus     Medview Airlines     Kwara 2019     Harmony Holdings     Suleiman Rotimi Iliasu     CACOVID Palliatives     Abdulrazaq Sanni     Senior Staff Union Of Colleges Of Education     Durbar Festival     CKNG     Omotoso     Bola Tinubu     Olushola Saraki     Ajibola Ademola Julius     Towoju     Iponrin     Rafiu Ibrahim     Kwara University Of Education     Yunus Oniboki     Obasanjo    

Cloud Tag: What's trending

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

Ayobami Seriki     Oladipo Akanmu Tolani     Sarafadeen Kayode Akorede     Kwara Central     Abdulrazaq Adebayo     Adamu Jemilat-Baki     ASMAU PLAZA     Bello John Olanrewaju     Isiaka Alikinla     A.O. Belgore     Muhammad Yahya     Ajibola Saliu Ajia     Gafaru Olayiwola Olorisade     Jamiu Oyawoye     Mohammed Halidu     Oluwole Dupe     Muhammad Ghali Alaaya     Ahmad Fatima Bisola     Revenue Court     Balogin Alanamu     Nigeria Computer Society     Gbadeyan Gbadura Yomi     Sheikh Hamzat Yusuf Ariyibi     Saliu Ajia     Senior Special Assistant On Student Affairs     Maryam Ado Bayero     Damilola Yusuf Adelodun     Just Law Forum     Bolakale Kawu     Ahmad Olayiwola Kamaldeen     Ridwan Agboola     Wasiu Odewale     Council Of The Wise     Anilelerin     Playing Host     Tunde Saad     Modibbo Kawu     Muideen Olaniyi Alalade     Al-Adaby     Sheriff Shagaya     Alabi Lawal     Igbomina     Makama Of Kaiama     Salaudeen Oyewale     UNILORIN Alumni     Kwara Metro Park     Nigeria Association Of Women Journalists     Paul Odama     Ballah     Salman Suleiman     Bisi Oyeleke     Abdulrasheed Lafia     Olaitan Buraimoh     Rihanat Ajia     Abdulrahman Onikijipa     Folorunsho Alao     Christopher Ayeni     Ahmed \'Lateef     Funmi Salau     Yunus Oniboki     HYPPADEC     Kwasu     Bolaji Nagode     Lanwa     Cornelius Adebayo     Nigerian Army     Apaola     Omupo     Suleiman Alege Kuranga     Valsolar-Kwara Company Limited     Emir Of Lafiagi     Valsolar     Amosa     Ganmo Electricity Sub-Station     Sidikat Uthman Ajibola     Olaiya Lawal     Alumni Association Of The Federal Polytechnic Offa