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.

Wahab Kunle Shittu     KWTV     Mohammed Danjuma     Justina Oha     Ijagbo Health Centre     Aisha Buhari     Bolaji Nagode     Balogun Fulani     Photo News     Iyabo Adisa Ibiyeye     Biliaminu Aliu     Donatus Ejidike     Baba-Isale     Moses Salami     Local Government Pension Board     Rex Olawoye     Kwara State Internal Revenue Service     Abubakar Lah     Halimat Yusuf     Agor     Jumoke Gafar     Rabiu Kwankwaso     Ahmed Alhasssan     Kola Ologbondiyan     Ope Saraki     Adekunle David Dunmade     Bayer AG     GRA     NSCIA     Hameed Oladipupo Ali     Chief Imam Of Omu-Aran     Abdulmumini AbdulRazaq     General Hospital     Maigida     Kwara Volleyball Association     Ajayi Okasanmi     Tunji Moronfoye     Muyideen Ajani Bello     Logun     Mohammed Saidu     National Association Of Nigerian Students     Tunji Folami     Abdulrazaq Solihudeen     Razak Atunwa     Wahab Isa     Salihu Yahaya     Allocation     HICA     Yusuf Amuda Aluko     Adewuyi Funmilayo     Garba Ado Sanni     Overland     Ishak Mohammed Sabi     Hauwa Nuru     Monsurat Omotosho     Arinola Lawal     Bello Oyedepo     Ayo Salami     Shehu Jimoh     Yahaya Muhammad     Kwarareports     Ilorin East     Toyin Sanusi     Ambassador Kayode Laro     Chikanda     Salman Alada     HAMFAT Clinic And Maternity     Alabi Lawal     Mogaji Aare     Tafida Of Kaiama     Ubandoma Of Ilorin     Mustapha Olanipekun     Kwara Basketball Association     Afin Descendants Union Of Odo-Owa     Dar-Al-Handasah Consultants Ltd     Shade Omoniyi     Quareeb Islamic Association    

Cloud Tag: What's trending

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

Hydro-electric Power Producing Areas Development Commission     Sun Qing Rong     General Hospital, Ilorin     Facemasks     Ebola     Elerinjare-Ibobo     Kwara Teaching Service Commission     Yahaya Seriki Gambari     Communication Network Support Services     Ramadhan     Musa Aibinu     Femi Oladiji     Budo Egba     Oba Abdulkadir La\'aro     Orisa Bridge     Kola Ologbondiyan     Adamu B. Yaqubu     Olomu Of Omu-Aran     Valsolar Consultoria     Hassanat Bello     Photo News     Kolawole Bashirat     Abdulmumini AbdulRazaq     Unilorin FM     Ibrahim Taiwo Road     Nurudeen Muhammed     National Association Of Nigerian Students     Ayobami Seriki     Atiku Abubakar     Ashiru     Senior Staff Union Of Colleges Of Education     Saba Mamman Daniel     Tsaragi/Share     Kwara State Health Insurance Agency     Hydroelectric Power Producing Areas Development Commission     ENetSuD     Adewuyi Funmilayo     Yekini Adio     Peter Amogbonjaye     AbdulRauf Keji     Ike Ekweremadu     Mazars Consulting     Muhammadu Gobir     Hamidat Sulyman-Yusuf     Ramadan     Jimoh Akani     Law School Scholarship     Pategi     Joseph Alex Offorjama     Vasolar Consultoria     Oke-opin     Olatunji Ibrahim     Balikis Jawondo     Durbar Festival     HYPPADEC     Doyin Awoyale     Riskat Opakunle     Alapansapa     Adeleke Ogungbe     Alimi     Raliat AbdulRazaq     Yoruba     Hamidu Olowo     Quran     College Of Health     Oyin-Zubair     Arca Santa     Demola Banu     NTA Ilorin     Akom Construction And Engineering Synergy Ltd     NNPP     Oyedepo     Osi     Opobiyi     Baaziki Sulaiman     Ilorin Likeminds Foundation     Abdulrosheed Okiki