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.

Neuropsychiatric Hospital     Aliyu Muhammad Saifudeen     Nigerian Medical Association     Oba Abu     Abdulrahman Abdullahi Kayode     Abraysports FC     Omoniyi Ayinla     Ilorin South Constituency     Amada Jidda     KWSUED     Shuaibu Yaman Abdullahi     Ilota     Edu     Balogun Fulani     Ladi Hassan     Peculiar Allowance     Wahab Abayawo     Seni Saraki     Bayer Nigeria Limited     Saheed Alakoso     Ballah     Bureau Of Lands     Bolakale Ayo     Abdulhakeem Amao     Alore     Isapa     Afolayan     Sardauna     Kwha.gov.ng     Saka Saadu     Sidikat Alaya     Sheikh Ridhwanullah El-ilory     Oya State     Aisha Abodunrin Ibrahim     Onilorin     Basic Education Certificate Examination     Agbarigidoma     ER-KANG Mining     Colleges Of Education Academic Staff Union     Aliyu Salihu     Ebun-Olu Adegboruwa     Diagnostic Centre     Simeon Sayomi     Gabriel Fashanu     Abatemi Usman     HAMFAT Clinic And Maternity     Saadatu Modibbo-Kawu     Sabitiyu Grillo     Baaziki Sulaiman     New Naira Notes     Suleman Abubakar     RTEAN     Iliasu     Federal Neuro-Psychiatric Hospital     Sa\'adu Salahu     Alaiye     Nupe     Osi     University Road     Tanke Flyover Bridge     Volunteers Of Ilorin Community And The Emirate     Kamaldeen Kehinde     Oniyangi     Geri-Alimi Split Diamond Interchange     Wasiu Onidugbe     Deji Ajani     Amuda Bembe     Sheriff Olanrewaju     Lawan     LAK Jimoh     Amuda Aluko     Olugbense     Musa Ayinla Yeketi     Adam Abdullahi Al-Ilory     Gbugbu International Market     Saka Isau     Aliyu Kora Sabi    

Cloud Tag: What's trending

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

Sun Qing Rong     Kwara Pdp     Turaki Of Ilorin     Kwara Basketball Association     Mogaji Aare     Offa Grammer School     Kishira     Dagbalodo     Lawal Jimoh     A.G.F Abdulrasaq     Wahab Kunle Shittu     Olubukola Kifayat Adedeji     Saka Abimbola Isau     Olatunji Ibrahim     Ilorin South Constituency     Ibrahim Mohammed     Bareke     Bola Magaji     Alaaya     Garba Dogo     Wahab Isa     Ajakaye     Jumoke F. Ajao     Ilorin East/South Federal Constituency     Rashidi Yekini     Kamoru Kadiri     Wahab Abayawo     Iliasu     Fatimah Abdulkadir     Oniwasi Agbaye     Lanre Issa Onilu     Igosun     Idowu Aremu     Balogun Ajikobi     Yakubu Gobir     Salihu Alhaji Musa     Gbajabiamila     Titus Suberu-Ajibola     Bashir Badawi     Sarakite     Basic Education Certificate Examination     08001000100     Patigi Regatta     NTA Ilorin     Hijab     Share     Trader Moni     NITDA     Colleges Of Education Academic Staff Union     Seni Saraki     Omu-aran     Suwa-Arabs     Umar Saro     Bamidele Aluko     Abdulkadir Jimoh     Salary     CT Ayeni     Federal Neuro-Psychiatric Hospital     Yusuf Amuda Aluko     Ekiti     Balogun-Ojomu     Olokoba     Oba Mogaji Abdulkadir     Mohammed Saidu     Ramadhan     Bayo Ojo     Toyin Abdullahi     Olaiya Victor Mobolaji     Abraysports FC     Monthly Sanitation     Marufat Oladosu     Markaz Arabic And Islamic Training Institute, Agege     Bola Olukoju     Abubakar Baba     Albert Ogunsola     Saadu Gbogbo Iwe     Laolu Saraki