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.

Akande Idowu Ayoola Muhammed     Geri-Alimi Split Diamond Interchange     Tunji Oyawoye     Council Of The Wise     Ibrahim Abdulqadir Abikan     Eruku     JAAC     Omotoso Musa     Folashade Omoniyi     Michael Nzekwe     Yusuf Zulu-Gambari     Elerin Of Adanla Irese     Government High School Adeta     Zaratu Umar     Ibrahim Abiodun     Ashiru     Orisun Igbomina     Abdulmalik Bashir Mopelola Risikatullahi     Sheikh Alimi     Salihu S. Yaru     Okedare     Kwara State Fish Farmers Association     Mohammed Jimoh Faworaja     Vasolar     Sabi     Ibrahim Taiwo     Gbajabiamila     Afin Descendants Union Of Odo-Owa     Afonja     Wole Oke     General Hospital     Rachael Obisesan     Bayo Ojo     Ayeyemi Sulaiman     Taiwo Joseph     Nnazua     Basic Education Certificate Examination     Ibrahim Labaika     Ahmad Lawan     Wahab Abayawo     Shero     Baboko Primary School     Kayode Ishola     CUTI     Oye Tinuoye     Academic Staff Union Of Universities     Maigida     Roheemat Hammed     Bilikisu Gambari     Usman Alkali Baba     Alloy Chukwuemeka     Taofeek Ibraheem     Abubakar Abdulraheem     Centre For Peace And Strategic Studies     Hameed Oladipupo Ali     Mubarak Oladosu     Christian Association Of Nigeria     Bamidele Aluko     Matthew Babaoye     National Party Of Nigeria     Oba Of Jebba     Odolaye Aremu     Rex Olawoye     Ilorin Talaka Parapo     Toyin Olayinka Tejidini     Saidu Kawu     PAACO-PCL Consortium     Isiaka Gold     Saliu Tunde Bello     Oniwa     Obuh     Saeedat Aliyu     Mustapha AbdulGaniyu     Oni Adebayo     Code Of Conduct     National Information Technology Development Agency     Asa LGEA School    

Cloud Tag: What's trending

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

Ayodele Kuburat Olaosebikan     Local Government Pension Board     Simeon Sayomi     Goodluck Jonathan     Just Event Online     Oba Abdulraheem     Arinola Lawal     Chief Imam Of Lafiagi     Countryside Emerging Leaders Fellowship     Hassan Saliu     A.E. Afolabi     Hameed Oladipupo Ali     Ghali Alaaya     Monthly Sanitation     Hauwa Nuru     Gobirawa     Sa\'adu Salau     Garba Dogo     Mohammed Abduraheem     Sunday Popo-Ola     Salau Kabiru Abdullahi     Titus Suberu-Ajibola     First Lady     JMK Construction Company Limited     Al-Ilory     ASKOMP     Opaleke Bukola Iyabo     Afolayan     Bibire Ajape     Nigerian Supreme Council For Islamic Affairs     KW-GIS     Olajumoke Monsura Gafar     Emir Of Ilorin     Mustapha Olanipekun     Aminat Omodara     Abdullateef Abdussalam     Adama Isa     Samari     Basit Olatunji     Omu Aran     ER-KANG Mining     Razaq Ayobami Akanbi     Majlis For Sadaqah, Zakat And Waqf     NSCIA     Sabo-Oke     Ebun-Olu Adegboruwa     Abubakar Abdulraheem     Memunat Monsuma     Surajudeen Akanbi     Sarah Jubril     Oye Tinuoye     TIIDELab     Boko Haram     GGDSS Pakata     Asa     Yusuf Babatunde Abdulwahab     Bature Bello     Salary     Ajayi Okasanmi     Yusuf Abdulraheem     Ayeyemi Sulaiman     Musa Ayinla Yeketi     Mukhtar Shagaya     Oladipo Akanmu Tolani     University Road     Aasiyat Bello Oyedepo     Sodiya     Kehinde Baale     Kazeem Oladepo     Ghali Muhammed     Kola Ologbondiyan     Eleyele     JUSUN     Rashidi Yekini     Dasuki Belgore     Ayinde Oki     Kwara State Geographic Information Service