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.

Bureau Of Lands     Kale Bayero     Amina El-Imam     Olokoba Abdullahi Ayinla     Abubakar Imam     Mufutau Olatinwo     Bashir Badawi     Abdulrazak Shehu Akorede     Sa\'ad Alanamu     Abdulsalam Firdaous Amosa     Iyabo Dupe Adekeye     Dan Masanin     Shehu Jimoh     Okoolowo     Just Event Online     Alikinla     Yahya Mohammed     Ijakadi     Funmi Salau     Oba Sulaiman Asude     SARS     Sulyman Tejidini     Yomi Ogunsola     Oyun     Ministry Of Women Affairs And Social Development     Omoniyi     Baba Issa     Ridwan Agboola     Dauda Adeniran Adeshola     Yahaya Oloriegbe     National Information Technology Development Agency     Mutawali     Ganmo     Shaykh Luqman Jimoh     Ayodele Kuburat Olaosebikan     Hussein Oloyede     Samuel Adedoyin     Dele Momodu     Aso-ofi     Borgu     Kwara State Internal Revenue Service     Kayode Laro     Abdulahi Abubakar Bata     Al-Hikmah University     Ibrahim Sulu Gambari     Suleiman Yahya Alapansapa     Yekeen Alabi     Shagari     Kwara State Fire Service     Onilorin Of Ilorin     Musa Yeketi     CLAY POT     Monthly Sanitation Exercise     Forgo Battery     Abubakar Ndakene     Oko     Segun Olawoyin     20 Billion Bond     Al-Ilory     Tunde Mukaila Mustapha     Pakata Patriots     Tayo Awodiji     Offorjama     Coronavirus     Afeyin-Olukuta     Seun Bolaji     Hassan A. Saliu     Alabi Olayemi Abdulrazak     Oba Abu     Salman Suleiman     Kupchi Hosea Maxwell     Sheikh Ridhwanullah El-ilory     Obuh     Overland     Ishola Balogun Fulani     Ilorin.Info     Abdulrazaq Magaji    

Cloud Tag: What's trending

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

Revenue Court     Henry Olaosebikan     Tunji Arosanyin     Kunbi Titiloye     George Innih     Sunday Popo-Ola     AbdulRasaq Abdulmajeed Alaro     Hameed Oladipupo Ali     Kwara State Television (KWTV)     Tescom.kwarastate.gov.ng     Bankole Omishore     Pius Abioje     AbdulRauf Keji     Sheriff Shagaya     Samuel Olusegun Adedayo     Sarafadeen Kayode Akorede     Saka Keji     Abdul Jimoh Mohammed     NTA Ilorin     Kwara 2019     Owode Market     Shao     Code Of Conduct Tribunal     Musa Ayinla Yeketi     National Pilot     Zaratu Umar     Olabode George Towoju     Kumbi Titilope     Raji AbdulRasaq     Yakubu Shaaba     Temitope Ogunbanke     Patience Jonathan     Isaac Aderemi Kolawole     Saka Adeyemo     Ilorin Central Mosque     Abikan     Chief Of Staff     Idofin     Isau     Kolade Solagberu     Fatai Garuba Labaka     Oke-Ogun     Ayo Adeyemi     Aishatu Ahmed Gobir     SWAN     Mohammed Ghali Alaaya     Segun Abifarin     Ishaq Abdulkarim     Ahmed Saidu Rufai     Hassan Abdulazeez Elewu     Yusuf Abubakar     Bayo Ojo     Arinola Lawal     Chief Imam Of Omu-Aran     Ajibike Katibi     Yusuf Amuda Abubakar     Www.Kwarareports.com     Muhammad-Mustapha Suleiman     AbdulHakeem Ajibola Akanbi     Kwarareports.com     Ibrahim Mashood     GANZY     Oluronke Adeyemi     Assayomo     Aliyu Adebayo     Kwara Coalition Of Business And Professional Associations     Galland Marcias     Elewu     Ilofa     ASKOMP     Sam Okaula     Sarakite     Iliasu     Nigerian Army     Isiaka Gold     Risikat Lawal     Hassan Saliu