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.

Mahe Abdulkadir     Erubu     Bisi Oyeleke     SWAN     Doyin Group     Titus Ashaolu     Oke-Kura     Shuaib Boni Aliyu     Abubakar Lah     Akande Idowu Ayoola Muhammed     Rex Olawoye     Makama     Al-Adaby     Ajuloopin     Kwara State Health Insurance Agency     Lanre Issa-Onilu     Suraj Tunji Oyewale     Abdullahi Samari     Lateef Alagbonsi     Abdulkarim Adisa     Olaosebikan     Musa Aibinu     Yashikira     Ramadan     Garuba Alikinla Shittu     Neo Mundo Ltd     Lasiele Alabi Yahaya     New Naira Notes     IHS Towers     Rihanat Ajia     Aminat Omodara     T And K FOODS     Abdulhakeem Adelaja Amao     Budo Egba     Baboko     General Hospital     FERMA     Mohammed Lawal     Abdulrazaq Adebayo     Zulu Gambari     Council Of The Wise     Chief Imam Of Lafiagi     Sa\'ad Alanamu     Yakubu Mohammed Abdullahi     Bayer Nigeria Limited     Aisha Buhari     Ibrahim Taiwo     Theophilus Oyebiyi     Gambari     Sherif Shagaya     Sunset Workers     Arandun     Shoprite     Ibrahim Abdullahi     Abdulrahman Iliasu     Maryam A. Garuba     Coronavirus     Suleiman Abubakar     Hassan Taiye Salam     Baba Adini Of Kwara State     Share-Tsaragi     CELF     Apaola     Muhammad Yahya     SUBEB     Earlyon Technologies     Ghali Alaaya     Kubra Kazum     Siraj Oyewale     Adegoke Bamidele     Ayo Adeyemi     Maja     Monthly Sanitation Exercise     Saad Omo Iya     Abubakar Baba Sulaiman     Women For Change And Development Initiative     Ibrahim Mashood    

Cloud Tag: What's trending

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

SAPZ Project     Simeon Ajibola     Ishaq Abdulkarim     Ita-Ore     Kwara State Sports Commission     Idi-Ape     Ella Supreme Tissue Paper     Eleyele     Chief Imam Of Lafiagi     Dan Iya     Kwara State Council Of Chiefs     NTA Ilorin     Muhammed Mahe Abdulkadir     Abraysports FC     Sanusi Abubakar     Buari Edun     KWASAA     Aiyedun     Musbau A. Akanji     Sulyman Atolagbe Alege     Doyin Group     All Peoples Party     Oke-Ogun     Alfa Belgore     Ballah     Abdulrauf Aliyu     Osinbajo     Fulani     Dauda Adeniran Adeshola     Taofik Abiodun Ahmed     Kwara Liberation Group     Saeedat Aliyu     Kwara Coalition Of Business And Professional Associations     John Kehinde Salako     Saka Aleshinloye     Micheal Imodu-Ganmo Road     Kayode Ishola     Yusuf Arowosaye     Abdulfatai Ahmed     Samari     SSA Youth Engagement     Saka Onimago     Titus Ashaolu     Bolakale Saka     Abdulkadir Jimoh     Malete     Arinola Fatimoh Lawal     Alikinla     Tunde Idiagbon Road     Yusuf Amuda Aluko     Abubakar Olusola Saraki     Chartered Institute Of Personnel Management Of Nigeria     Esinrogunjo     Monsurat Omotosho     Oba Mogaji Abdulkadir     Ramat Oganija     College Of Health     Mubarak Oladosu     AbdulRauf Keji     Susan Modupe Oluwole     Tafida Of Kaiama     Coalition Of Kwara North Groups     Salary     Oyeyemi Olasumbo Florence     IHS     Ahmad Ali     Lithium Deposit     Ahmad Lawan     Kazeem Adekanye     Rex Olawoye     Olatomiwa Williams     Isiaka Alikinla     Emir Of Kano     Abdulkadir Akanbi-Oke     Bahago     Ibrahim Kayode Adeyemi     Olugbense