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.

Risikat Lawal     Baruten     Olaosebikan     Fatimat Saliu     Katibi Ibraheem Adeola     Igosun     Biliaminu Aliu     Oya State     Basic Education Certificate Examination     Wahab Olasupo Egbewole     Alumni Association Of The Federal Polytechnic Offa     Afolasade Opeyemi Kemi     New Model Police Station     Kaiama     Ilorin Muslim Community     Computer Based Test     Baruba     Mary Kemi Adeosun     Saadu Gbogbo Iwe     Umar Saro     Theophilus Oyebiyi     Alagbado     Olaitan Adefila     Sherif Sagaya     Raji Ayodele Kamaldeen     Shuaib Jawondo     Hakeem Idris     Amoyo     KSIRS     Mohammed Haruna     Kayode Laro     GGDSS Pakata     Omupo     Aishatu Ahmed Gobir     Charles Ibitoye     Michael Nzwekwe     Dasuki Belgore     Shao     Gwanara     Bureau Of Lands     Gobir     Folajimi Aleshinloye     Amosa     Christopher Odetunde     Ridwan Agboola     AGILE Programme     Government House     CELF     Chief Imam Of Ilorin     Kwara State Coalition Of Business And Professional Associations     Mustapha Olanipekun     Maigida Soludero Transit     CBT     Dauda Adeniran Adeshola     Femi Gbajabiamila     Salman Jawondo     Olupako     Women Radio     Alaro     Fola Consultant     Mubarak Oladosu     Aliyu Muyideen     Federal College Of Education (Special), Afon     Irepodun     United Nigeria Airline     Musa Yeketi     Erubu     Kwara State Pension Board     LEAH Charity Foundation     07039448763     Musbau A. Akanji     Ahmed Saidu Rufai     Saheed Akinwumi     Sam Onile     Bond     Abdulrazaq Magaji     Susan Modupe Oluwole    

Cloud Tag: What's trending

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

Split Diamond Interchange     Elerin Of Erin-Ile     Abdulmutalib Shittu     Olofa Of Offa     Sunday Otokiti     Arinola Lawal     Abdullahi Saadudeen Alikinla     Ilorin Innovation Hub     Balogun-Ojomu     Oko Erin     Isiaka Gold     Jeunkunu-Malete-Bani     Akande Idowu Ayoola Muhammed     Afolayan     Amuda Musbau     Ayedun     Rotimi Samuel Olujide     Aminat Ahmed     Maryam A. Garuba     Lai Gobir     Shuaibu Yaman Abdullahi     Aliyu Adebayo     Gambari     Senior Staff Union Of Colleges Of Education     Raimi Iyanda     Kwara State Football Association     Matthew Okedare     Suleman Abubakar     Jimoh Olusola Imam     Ilesha-Baruba     Ogbondoroko     Aisha Buhari     Oye Tinuoye     All Peoples Party     Olajumoke Monsura Gafar     Garba Idris Ajia     Dankaka     Prince Mahe Abdulkadir     Jumoke F. Ajao     Saadatu Modibbo-Kawu     Funke Adedoyin     Jimoh Akani     LEAH Charity Foundation     Oja-Oba     Mufutau Gbadamosi Esuwoye     JAAC     Wahab Isa     ANCOPPS     Jebba     Yusuf Abdulkadir     Amuda Bembe     Muftau Akanbi Oke     The Herald     United Nigeria Airline     Hameed Oladipupo Ali     Ramadan     Nigerian Army     Susan Modupe Oluwole     Kale Bayero     Akom Construction And Engineering Synergy Ltd     Plat Technologies     Umar Ayinla Saro     Toyin Abdullahi     Laduba     Abubakar Baba Sulaiman     Sarkin Malamai     Gobir     Pacify Labs     Hakeem Lawal     Jalala     Sulu Gambari     Awwal Jawondo     Babaloja-General     AbdulRasaq Abdulmajeed Alaro     Illyasu Abdullahi     Hamidat Sulyman-Yusuf     Ibrahim Oloriegbe