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.

Katibi Ibraheem Adeola     Mumini Ishola Hanafi     Ibrahim Labaika     Ministry Of Women Affairs And Social Development     Bamidele Adegoke     Toyin Saraki     Sarah Jubril     Sulyman Buhari     Asiwaju Bola Tinubu     Kwara State Geographic Information Service     Innocent Okoye     Bashir Omolaja Bolarinwa     Zaratu Umar     Mufutau Olatinwo     Babata     Balogun Gambari     ER-KANG     Government High School (GHS), Adeta     Kayode Ishola     Olatunde Michaels     ARMTI     Lafiagi     Ibrahim Oloriegbe     Rasaq Jimoh     Tunde Kazeem     Ibrahim Abdullahi     Balogun-Ojomu     National Association Of Nigerian Students     Code Of Conduct     Ibrahim Abduquadri Abikan     Hamza Usman     Federal College Of Education (Special), Afon     Abraysports FC     Ado Bayero     Idris Amosa Saidu     Mohammed Haruna     AbdulRazaq AbduMajeed Alaro     Gbugbu     Moshood Bakare     LAK Jimoh     Ahmed Dankaya     Yoruba     Hauwa Nuru     Oke-opin     Amoyo     Adegoke Bamidele     Babs Iwarere     Simeon Ajibola     Ayodele Shittu     Arinola Fatimoh Lawal     Ilorin.Info     Segun Adeniyi     Kuliyan Geri     Abdulfatai Ahmed     Alfa Belgore     Mohammed Ajia Ibrahim     Abdulmutalib Shittu     Kwara State Governor     Maigidasanma     Oke Sunna     Madawaki Of Ilorin     KWSIEC     S.O. Opowoye     Ishak Mohammed Sabi     Bamidele Adegoke Oladimeji     Omar Bolaji Gambari     BIR     Moses Adekanye     IHS Towers     Lateef Fagbemi     Kola Ologbondiyan     Ahman Patigi     IHS     Balogun Fulani     Ilorin Descendants Progressive Union     Veterinary Teaching Hospital     Umar Adelodun    

Cloud Tag: What's trending

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

Muhammed Mahe Abdulkadir     Olayinka Oladapo Jogunola     Maryam A. Garuba     Olaitan Adefila     Abdul Jimoh Mohammed     Gobir     Alfa Modibbo Belgore     Kwara Coalition Of Business And Professional Associations     Pakata     Akeem Lawal     Abdulrauf Yusuf     SWAN     Samuel Adedoyin     S.O. Opowoye     Bayo Ajia     AbdulRahman Saad     Sardauna Of Ilorin     Yetunde Balogun     Otuka     Tayo Awodiji     JAMB     Marufat Oladosu     Bello Oyebanji     Ubandawaki     Abdulrasheed Lafia     Yahaya Seriki     Oluwole Dupe     Omar Bolaji Gambari     Wasiu Onidugbe     Abdulrasheed Na\'Allah     Ezekiel Yissa Benjamin     Isiaka Gold     Vasolar Consultoria     Jaigbade Alao     SDP     Yunus Lawal     April 11     Oyin-Zubair     Hikmah AbdulKareem     KW-GIS     Oba Abdulrahim     NIPOGA     Oniye     Alimi     Otoge     Ronke Adeyemi     Kwha.gov.ng     Issa Oloruntogun     Durosinlohun Atiku     Abdulwahab Olarewaju Issa     Ibrahim Abiodun     James Ayeni     Prince Mahe Abdulkadir     Y.A. Abdulkareem     FOMWAN     Yusuf Ali     Nigeria Foundation For Artificial Intelligence     Musbau A. Akanji     Akanji     United Nigeria Airline     Olatunde Michaels     Yakub Ali-Agan     Babatunde Ajeigbe     Jamila Bio Ibrahim     Bola Shagaya     SARS     Khairat Gwadabe     Just Event Online     Kehinde Boyede     International Vocational Centre     State Bureau Of Internal Revenue     Alloy Chukwuemeka     Kazeem Gbolagade     Ahmed Dankaya     Share-Tsaragi     Mohammed Alabi Lawal     Kwara State Internal Revenue Service