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.

Tsado Manman     Yusuf Olaolu Ali     Nigerian Supreme Council For Islamic Affairs     BECE     Pategi     Najim Yaasin     Esinrogunjo     Share-Tsaragi     Magaji Are     Charles Ibitoye     Ekiti     Waziri Yakubu Gobir     Abdulkadri Ahmad Alaiye     Shuaibu Yaman Abdullahi     Saliu Mustapha     Muritala Awodun     Amule Elementary School     Alapado     Musa Ayinla Yeketi     Jimoh Lambe Abdulkareem     Road Transport Employers Association Of Nigeria     Tunji Oyawoye     CCEPE     Oyeyemi Olasumbo Florence     Ahman Pategi     Ndama Al-hassan     Kwara Primary Health Care Development Agency     Orire     Okiki     Laolu Saraki     Adedipe     Kazeem Adekanye     Rafiu Ajakaye     Simeon Sayomi     Babatunde Idiagbon     Durbar Festival     Col. Ibrahim Taiwo     Isaac Aderemi Kolawole     Lateef Alagbonsi     Solomon Edojah     Lai Mohammed     Sabo-Oke     Maimunat Oloriegbe     Ahmad Olayiwola Kamaldeen     Hassan Taiye Salam     Yahaya Abdulkareem     Abubakar Olusola Saraki     Ramadhan     Akeem Olatunji     Abdulsalam Firdaous Amosa     V.O. Abioye     Olayinka Oladapo Jogunola     Isapa     Mubarak Oladosu     Alliance For Democracy     Rebecca Bake     MalHub     Olatunde Jare     Share/Tsaragi     Muhammad Yahya     Yusuf Amuda Abubakar     Kwara Consultative Forum     Bukola Saraki     Goodluck Jonathan     Yahaya Dumoye     Obuh     Amasa     Abdulrahman Abdulrasak     Noah Yusuf     Olaosebikan     CT Ayeni     Oba David Oyerinola Adedunmoye     SSA Youth     Mohammed Ghali Alaaya     Yusuf Lanre Badmas     Femi Gbajabiamila     David Oyepinola Adedumoye    

Cloud Tag: What's trending

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

IYA ALFA NLA     Hydro-electric Power Producing Areas Development Commission     Royal FM     Ita-Ore     Chief Imam Of Lafiagi     Fatimoh Lawal     TIIDELab     Olatunde Michaels     Riskat Opakunle     Fareedah Dankaka     Ayotunde Emmanuel Alao     Abdulwahab Oba     Lawal Arinola Kudirat     KwaraLearn     Aminu Adisa Logun     Sadiq Buhari     Abdulkadir Jimoh     Kolawole Bashirat     Kwara Hotel     Wahab Agbaje     Otoge     SGBN     Tanke     Amuda Musbau     Babata     Amos Bajeh     Jimoh Akani     Adedeji Onimago     Nurudeen Mohammed     NSCIA     Kwara State Polytechnic     Abdulrosheed Okiki     Abdulquowiyu Olododo     Edu     Joseph Bamigboye     Ilorin Emirate     Cornelius Adebayo     Nigeria Customs Service     Memunat Monsuma     Moses Salami     Ademola Kiyesola     David Adesina     Aminat Ahmed     Abdul-Rahoof Bello     Ishola Moses Abiodun     Tunde Akanbi     SSA Youth     Rapheal Ashaolu     Valsolar     General Hospital, Ilorin     Olupako     Cassava Growers\' Association     Muyiwa Oladipo Kanu     CACOVID Palliatives     Na\'Allah     Wasiu Odewale     Jebba     Dankaka     Lawal Jimoh     Isaac Aderemi Kolawole     Pakata     Pacify Labs     Salihu Jibril Garbi     Jimoh Olusola Imam     Opolo Global Innovation Limited     Madawaki     Sarkin Malamai     Babs Iwarere     Olam Food Ingredients     Habeeb Abdullahi Al-Ilory     Kayode Oyin Zubair     Ahmed Dankaya     Maimunat Oloriegbe     Kwara State Television     Patigi Regatta     Oko Erin     Kwara State Council Of Chiefs