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.

Niguel Gallando Marcias     Okin Malt     Ajayi Okasanmi     James Kolo     Abdulfatai Baakini     Kisira     Elerin Of Adanla Irese     Moremi High School     Abdulkareem Alabi     Senior Ibrahim Suleiman     Maryam Nurudeen     Okin Biscuits     Elesie Of Esie     VADA     Yashikira     Ahmed Mohammed Rifun     Bamikole Omishore     Olokoba Sulyman     Okin Group     Sulyman Atolagbe Alege     Face Masks     Segun Ogunsola     Charles Ibitoye     QuickWin     Iyabo Adewuyi     Abdulrasaq Alaro     Quareeb     Oniwasi Agbaye     Toyin Falola     Shaykh Luqman Jimoh     Ilorin Likeminds Foundation     Bola Sagaya     Usman Alkali Baba     Laboratory-to-Product     Forgo Battery Company Limited     Just Law Forum     Abubakar Abdulraheem     Ilorin Like-Minds     Ayodele Shittu     Kamaldeen Gambari     Gobirawa     Oba Abdulkadir La\'aro     Markaz Arabic And Islamic Training Institute, Agege     ITEM 7     Michael Imoudu National Institute For Labour Studies     Folorunsho Erubu     Bio Ibrahim     Kwara Liberation Group     Christopher Tunji Ayeni     KW-GIS     Ebun-Olu Adegboruwa     Kwara Apc     Mustapha AbdulGaniyu     Pius Abioje     Innocent Okoye     Special Agro-Industrial Hub     Idofin     Olukotun Of Ikotun     Rafiu Ajakaye     Titus Ashaolu     Makama Of Kaiama     New Model Police Station     Opolo Global Innovation Limited     Emir Of Kano     Olofa Of Offa     Ijagbo     Muhammad Sirajo Aliyu     College Of Education     Akanji     Aminu Adisa Logun     Dunmade     Afusat Nike Ibrahim     Awwal Jawondo     Ajia-Bako     Adamu Jemilat-Baki     College Of Arabic And Islamic Legal Studies     Temi Kolawole    

Cloud Tag: What's trending

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

Shehu Alimi Foundation     Mohammed Halidu     Ayinde Oki     Adamu B. Yaqubu     Y.A. Abdulkareem     Abiodun Abdulkareem     Pakata Development Association     Femi Ogunsola     Christopher Tunji Ayeni     Sulyman Atolagbe Alege     Kayode Ishola     Abubakar Baba Sulaiman     April 11     Funmilayo Braithwaite     Ibrahim Abdullahi     08001000100     Ahmad Olanrewaju Belgore     Ojo Fadumila     Oko     Federal Neuro-Psychiatric Hospital     Opaleke Bukola Iyabo     Ola Falade     Hassan Saliu     Revenue Court     Budo Egba     Yusuf Abubakar     Zulu Gambari     Daud Adeshola     Iqra Books     Abdulrasheed Na\'Allah     Mohammed Lawal     Sayomi     Abubakar Usman Jos     Musbau A. Akanji     Iyabo Adewuyi     Ishak Mohammed Sabi     Centre For Peace And Strategic Studies     Dankaka     Rasheed Jimoh     Bayo Ajia     Wahab Olasupo Egbewole     John Mayokun Dada     Transition Implementation Committee     GRA     Abdulrahman Abdulrasaq     Moses Adekanye     Ahmed Shuaib Buranga     Osi     GGDSS Pakata     Kamoru Kadiri     Alabe     Yahaya Dumoye     Jumoke Gafar     NSCIA     Isiaka Yusuf     All Confederation Of Principals Of Secondary Schools     Arandun     Logun     Saad Belgore     Abdullahi Saadudeen Alikinla     Awwal Jawondo     Abegunde Goke     Offa Metropolitan Club     Salman Alada     Atiku     Unilorin FM     Mashood Abdulrafiu Agboola     Madawaki Of Ilorin     Ebun-Olu Adegboruwa     Kisira     Olugbense     Law School Scholarship     Firdaos Amasa     Ajayi Okasanmi     Folorunsho Erubu     Alore     Ella Supreme Tissue Paper