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.

Abdulkadir Jimoh     Zubair Folorunsho Erubu     Tanke     Omu-aran     Olomu     Alikinla     Olatunji Ayeni     Pilgrims Board     Abdulrasheed Lafia     ER-KANG Mining     Jamila Bio Ibrahim     Dunmade     08001000100     Ilorin Water Reticulation     Oro Grammar School Old Students Association     Abdullahi AbdulMajeed     Sheikh Ridhwanullah     Olatunde Olukoya     Ahmad Belgore     Okala Baba     Amoyo     Law School Scholarship     Harmony Holdings     Abdullah Janet Amudat     Ezekiel Yissa Benjamin     Tafidan Kaiama     Neo Mundo Ltd     A.E. Afolabi     Galadiman Ngeri     Sarah Alade     Ahmad Olayiwola Kamaldeen     Naira Redesign     Idris Amosa Oladipo Saidu     Abdulrasheed Na\'Allah     Waheed Ibrahim     Shade Omoniyi     Yomi Adeboye     Neuropsychiatric Hospital     Yusuf Olaolu Ali     Bashir Adigun     Ridwan Agboola     Dan Masanin     Abdulraheem Yusuf     Halimah Perogi     Garba Ado Sanni     Saliu Alamoyo     TETFUND     Nigerian Supreme Council For Islamic Affairs     Jani Ibrahim     Ajike People Support Centre     Rafiu Ajakaye     Col. Taiwo     Bond     Balogun-Ojomu     Bolaji Aladie     Air Peace     Abubakar Kawu Baraje     Oloruntoyosi Thomas     Fatimat Saliu     Pakata Patriots     Amuda Bembe     Abdulkareem Alabi     Forgo Battery     RTEAN     Gbajabiamila     Amusa Bello     AbdulHakeem Ajibola Akanbi     Sarakite     IEDPU     Bashir Badawi     Suleman Abubakar     Chemiroy Nigeria Limited     Kazeem Gbolagade     Ilorin Curfew     Ibraheem Abdullateef     KwaraLearn     Olayinka Jelili Yusuf    

Cloud Tag: What's trending

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

Abdulrahman Iliasu     IQRA College     Samuel Elizabeth Keatswa     Is\'haq Modibbo Kawu     TETFUND     Najim Yaasin     Isiaka AbdulRazaq     Adanla-Irese     Danhawa     Adewuyi Funmilayo     Nigerian Supreme Council For Islamic Affairs     Shehu Alimi Foundation     Javed Khan     Olaitan Buraimoh     NFAI     EFCC     2023 Elections     Elesie Of Esie     Gani Saadu     Baakini     Taofeeq Olateju     Moji Makanjuola     Olaosebikan     Muslimah Entrepreneurship Forum     Kunbi Titiloye     UITH     Yusuf Aiyedun     Bankole Omishore     AbdulKareem Yusuf Danhawa     Tunde Idiagbon Road     Markaz Arabic And Islamic Training Institute, Agege     Raji Ayodele Kamaldeen     Moses Adekanye     Kayode Issa     Ijakadi     Omotosho     International Public Sector Accounting Standards     Lucky Omoluwa     Lai Mohammed     Kawu     Usman Alkali Baba     Olohungbebe     Mufutau Olatinwo     Afolabi-Oshatimehin Adenike Harriet     Road Transport Employers Association Of Nigeria     Afeyin-Olukuta     Assayomo     Magaji Nda     Hameed Oladipupo Ali     Saad Omo Iya     Biliaminu Aliu     Chief Of Staff     United Nigeria Congress Party     Mary Kemi Adeosun     Abubakar Baba Sulaiman     David Adesina     Coalition Of Kwara North Groups     Bashirat Bola Bello     Amoyo     Third Estate     Sardauna Of Ilorin     IHS     Public Holiday     Bolakale Ayo     Abdulquawiy Olododo     Wahab Isa     Rasheed Jimoh     Moshood Kashimawo Abiola     Babatunde Ishola Babaita     Sidikat Uthman Ajibola     Saka Saadu     Abdullahi Adisa Akodudu     Taibat Ayinke Ahmed     Olusola Saraki     Doyin Awoyale     Share-Tsaragi     Mohammed Alabi Lawal