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.

Ayo Salami     Bisi Oyeleke     Hausa     Dapo Teni Nig Enterprise     Ishola Abdullahi     Joseph Daudu     Funmilayo Isiaka Oniwa     Jeunkunu-Malete-Bani     Olam Food Ingredients     JMK Construction Company Limited     Hassan A. Saliu     Lanre Jimoh     Yusuf Amuda Abubakar     Mohammed Danjuma     Dele Momodu     Abdulkadir Akanbi-Oke     Sango-UITH Road     Oro Grammar School Old Students Association     Shoprite     Monthly Sanitation Exercise     Gwanara     Issa Baba     Valsolar Consultoria     Olabode Towoju     Jimoh Lambe Abdulkareem     Aliyu U. Tilde     Baboko Primary School     Ibrahim Jawondo     Olatunde Oyeyiola     EndSARS     Shagari     Olatunji Moronfoye     Ebola     Monthly Sanitation     Suraj Tunji Oyewale     UTME     Markaz Arabic And Islamic Training Institute, Agege     Abdulkarim Adisa     Bola Olukoju     Isa Aremu     Wahab Egbewole     Alabi Olayemi Abdulrazak     Shade Omoniyi     Senate President     SSA Youth     Tayo Awodiji     Harmony Holdings     Dumagi     Kwara State Sports Commission     TIC     CCT     Salihu Ajia     Abdulmajeed Wahab     Segun Ogunsola     Illyasu Abdullahi     Folorunsho Erubu     Erubu Oba Zubair     Kaiama     Kayode Zubair     Aremu Bose Deborah     Al-Ilory     Ayotunde Emmanuel Alao     IHS Towers     Laboratory-to-Product     Sa\'adu Salau     Law School Scholarship     Special Agro-industrial Processing Zone     Government House     Funmi Salau     Nigerian Correctional Service     Oju Ekun Sarumi     Sheriff Olanrewaju     Kale Belgore     Kwara Hotel     Communication Network Support Services     Atunwa     Odogun Olushola Gabriel    

Cloud Tag: What's trending

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

Lola Ashiru     ARMTI     Apata Ajele Secondary School     International Aviation College     Sobi     Idi-Ape     Bankole Omishore     Omu-aran     Obuh     March 28     Sheu Ndanusa Usman     Abdulmumini AbdulRazaq     Mutawalle     Abdulganiy Abimbola Abdussalam     Col. Taiwo     Adeola Abraham     Abegunde Goke     Bahago     Offa Descendants Union     Garba Ayodele Wahab     Modibo Kawu     Abdulraufu Mustapha     Ghali Alaaya     David Oyepinola Adedumoye     Elerin Of Erin-Ile     Mutawali Of Ilorin     Abdulrazaq Aiyelabegan     Kamaldeen Gambari     Mumeen Lah     Emmanuel Bello     Hydroelectric Power Producing Areas Development Commission     Samari     Ubandawaki     Isiaka Oniwa     Standard Organization Of Nigeria     Veterinary Teaching Hospital     John Kehinde Salako     Kunle Suleiman     NULGE     Rebecca Bake     Dumagi     Idiagbon     Bashiru Makama     Abdulrahman Abdulrazaq     IHS Towers     Ilorin Emirate Stakeholders Forum     Boko Haram     Facebook     Olatunde Jare     Funmi Salau     David Oyedepo     Abdulmumin Yinka Ajia     Amos Justus Sayo     AGM Professional Services     Adegoke Bamidele     Kwara State Sports Commission     Pilgrims Board     Abdulrahman Onikijipa     Bank Of Industry     Rafiu Olasile     Saad Belgore     Madawaki     Wahab Issa     Mansurat Amuda-Kannike     Yetunde Balogun     Share     Risikat Lawal     Sabitiyu Grillo     CT Ayeni     NURTW     Federal Neuro-Psychiatric Hospital     Bilikis Oladimeji     Oke-opin     Muritala Olarewaju     Ayo Adeyemi     Ajikobi     Ahmed Alhasssan