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.

Olabode Towoju     Memunat Monsuma     Principal Private Secretary     Suleiman Idris     Quran     Wakilin Mata Lafiagi     Elerin Of Erin-Ile     Suleiman Mora Omar     Oni Adebayo     Nurudeen Muhammed     Sardauna     Esuwoye     Balogun Gambari     Yahaya Abdulkareem     Olaoye B. Felix     Ilorin Descendants Progressive Union     Ibrahim Abdullahi     Kwasu     Revenue Court     Fatima Abolore Jimoh     Special Agro-Industrial Hub     Sheikh Hamzat Yusuf Ariyibi     Leke Ogungbe     Marufat Oladosu     Prince Sunday Fagbemi     Kassim Babamale     Salmon Babatunde Salmon     Sheriff Shagaya     Erubu     Olaiya Zuberu     RTEAN     Saka Asiat Ayinke     Abdulrahman Abdulrasaq     Oyun     Gabriel Fashanu     The Herald     Ado Bayero     Abdulraheem Yusuf     Abdulrauf Yusuf     Ekweremadu     Chartered Institute Of Personnel Management Of Nigeria     Democracy Day     Funmilayo Zubair     Junior Secondary School Certificate Examinations     Ishola Abdullahi     Galland Marcias     Alabi Lawal     Stephen Fasakin     Aisha Abodunrin Ibrahim     Omar Gambari     Abdulrosheed Okiki     Titus Ashaolu     Yakub Lai Gobir     Femi Ogunsola     Okiki     Kulende     Neuropsychiatric Hospital     Gbugbu International Market     Ahmed Idris Mohammed     Temi Kolawole     Maja     Wahab Isa     Kehinde Baale     Yusuf Abdulwahab     Oke-Kura     Sulyman Tejidini     Babajide Ajayi     IYA ALFA NLA     BIR     Kamaldeen Gambari     Ilorin Like-Minds     Niyi Osundare     Split Diamond Interchange     Fatimah Abdulkadir     Sobi Hill     Oloje     Ogidi-Oloje    

Cloud Tag: What's trending

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

Ubandoma Of Ilorin     Idris Garba     Moshood Mustapha     Unicontinental Construction Company     Senate     Bello Oyedepo     Buari Edun     Ajayi Okasanmi     Quareeb Islamic Association     Rashidi Yekini     Playing Host     Yeketi     Olaosebikan     Ojuekun Sarumi     NaAllah     Shehu Jimoh     Kwara Apc     Yahaya Oloriegbe     Zaratu Umar     UITH     Oloruntoyosi Thomas     Yusuf Zulu-Gambari     Ibraheem Abdullateef     Bola Magaji     Kwara TV     Ibrahim Jawondo     Tunde Mukaila Mustapha     Nigeria Customs Service     Mahmud Ayinla Giwa     Okiki     Hydroelectric Power Producing Areas Development Commission     Vasolar Consortium     Emmanuel Olatunji Adesoye     Owu Fall     Modibo Kawu     Moshood Bakare     Tunji Arosanyin     Bayo Ojo     Atiku Abubakar     Dankaka     Olusola Saraki     Madawaki Of Ilorin     Tunde Saad     Jide Ashonibare     Abubakar Kawu Baraje     Abdullahi G. Mohammad     Boko Haram     Adamu B. Yaqubu     Oniyangi Kunle Sulaiman     Salman Alada     Ganiyu Abolarin     COEASU     Just Law Forum     Ahmad Lawan     Segun Ogunsola     Transition Implementation Committee     JAAC     KWASIEC     Mohammed Khadijat Kubura     Alapado     JSSCE     First Lady     Doyin Awoyale     Hassan A. Saliu     Valsolar     Ballah     Ibrahim Taiwo Road     Salami Adekunle     Bashir Omolaja Bolarinwa     Deji Ajani     Abdullahi Adisa Akodudu     Raliat AbdulRazaq     Saad Omo Iya     Kwara State Coalition Of Business And Professional Associations     Wahab Kunle Shittu     Otunba Taiwo Joseph     Seed Technologies