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.

Oba Sulaiman Asude     07039448763     Ahmed Shuaib Buranga     Adaramaja     Suleman Abubakar     Afeyin-Olukuta     Kubra Kazum     Muslim Cementary     Ramadhan     Radio SBS     TESCOM     Akom Construction And Engineering Synergy Ltd     Kwara Liberation Group     Salman Alada     NIRSAL     Aminat Ahmed     Idris Garuba     Tosho Yaqub     KwaraLearn     NITDA     Akeem Olatunji     Kulende     Kunle Okeowo     Sanusi Abubakar     Reuben Paraje     Overland     Mamatu Abdullahi     Idris Amosa Saidu     Yakubu Mohammed Abdullahi     Rafiu Ajakaye     Baaziki Sulaiman     Ayodele Olaosebikan     Bayo Mohammed Onimode     Awwal Jawondo     Eleja Taiwo Banu     MalHub     Simeon Sayomi     Facemasks     Lasiele Alabi Yahaya     Kayode Ibrahim     Wahab Egbewole     Al-Hikmah Radio     Fatima Abolore Jimoh     Buari Edun     Sambo Murtala     Freshvine Nigeria Limited     Shola Odetundun     Olayinka Jelili Yusuf     Niyi Ogundiran     NSCIA     Sheikh Ariyibi     NFAI     Afonja Descendants Union     Dairo Kunle Paul     Na\'Allah     Yusuf Mubarak     Sebastine Obasi     Habeeb Abdullahi Al-Ilory     Busari Toyin Isiaka     Emir Of Kano     Bello John Olanrewaju     Kwara NIPR     Magaji Erubu     Plat Technologies     Adijat Adebiyi     Orisa Bridge     Junior Secondary School Certificate Examinations     Taofeeq Olateju     Akanji     Sardauna Of Ilorin     Congress For National Consensus     Risikat Lawal     Saka Saadu     Maryam Ado Bayero     Abdulhakeem Amao     Abubakar Olusola Saraki     Hamidat Sulyman-Yusuf    

Cloud Tag: What's trending

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

Mohammed Abduraheem     Kanu Agabi     Salihu Alhaji Musa     Kwara State Government     Fareedah Dankaka     Zara Umar     Amuda Bembe     Offa Poly     Bolaji Nagode     Iyiola Oyedepo     Toyosi Thomas     Kola Shittu     Mazars Consulting     Rashidi Yekini     Bukola Ajikobi     Kawu     Sun Qing Rong     Wahab Kunle Shittu     Muhammed Mahe Abdulkadir     Abdulganiyu Salahudeen     Ilorin Innovation Hub     Oba Abdulraheem     Tunji Olawuyi     Sanusi Abubakar     Tunji Oyawoye     Gwanara     LEAH Charity Foundation     Amos Justus Sayo     Tafida Of Kaiama     Agbarere     Justina Oha     Monthly Sanitation Exercise     Islamiya Abdulraheem     Owo Arugbo     Abdullateef Abdussalam     Ibrahim Sulu Gambari     Bayo Mohammed Onimode     Segun Ogunsola     George Innih     Orisa Bridge     Ado Bayero     Sulyman Buhari     Abdulrasheed Lafia     Chartered Institute Of Personnel Management Of Nigeria     Alabe     Ayedun     Offa     Dasuki Belgore     Yusuf Abdulraheem     ER-KANG Mining     HYPPADEC     Oniwasi Agbaye     Arinola Lawal     Saka Aleshinloye     Ghali Alaaya     Lasiele Alabi Yahaya     Ibrahim Oniye     Doyin Agbamu     Tsado Manman     Razaq Ayobami Akanbi     Abdulhakeem Adelaja Amao     Abdulwahab Oba     Adeola Abraham     Isaac Gbenle     COEASU     Aasiyat Bello Oyedepo     Ilorin Emirate     Isaac Aderemi Kolawole     Abdulwaheed Musa     Saheed Akinwumi     Local Government Pension Board     Abdulrahman Onikijipa     Ayo Salami     Abubakar Lah     Samuel Olusegun Adedayo     Usman Alkali Baba     Baba Issa