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.

Toyin Saraki     Binta Abubakar-Mora     GANZY     Saka Onimago     Okedare     IFK     Ado Ibrahim     Shehu Raheem Adaramaja     NaAllah     Timothy Akangbe     Adesoye College     Haliru Yahaya     Inside Kwara     KSIRS     Owo Arugbo     Elerinjare-Ibobo     AGM Professional Services     Code Of Conduct Bureau     Raheem Adaramaja     Abdul-Rahoof Bello     Femtech     Wahab Issa     Erubu     ENetSuD     Abdulkareem Alabi     Ogidi-Oloje     Gabriel Fashanu     KWIRS     Old Oyo     Michael Imoudu National Institute For Labour Studies     Riskat Opakunle     Abdulrahman Onikijipa     SSA Youth Engagement     Amuda Musbau     CACOVID     Alapado     Mansurat Amuda-Kannike     Monsurat Omotosho     Aliyu Muhammed     Sulaiman Gado     KWASIEC     Dumagi     Abdullahi Imam Abdullahi     Baba Issa     Yinka Aluko     Abdulkadri Ahmad Alaiye     QuickWin     Bello Oyebanji     2023 Elections     Ministry Of Women Affairs And Social Development     Niyi Ogundiran     Abdulmumini AbdulRazaq     Ifelodun     Kola Bukoye     Emmanuel Olatunji Adesoye     GAMA     Okin Biscuit     David Oyerinola Adedunmoye     Babaita     Shuaib Jawondo     Mohammed Ghali Alaaya     Elerin Of Adanla Irese     Sabi     Saadatu Modibbo-Kawu     Kayode Issa     Zara Umar     07039448763     Daud Adeshola     Mohammed Danjuma     Kisira     First Lady     Ita-Nmo Market     Bayo Ajia     Ibrahim Abikan     Saudat Abdulbaqi     Aremu Odolaye     Metro Park    

Cloud Tag: What's trending

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

Abraham Ojo     Toyin Olayinka Tejidini     Garba Ayodele Wahab     Orire     Olayinka Olaogun     Oko     Split Diamond Interchange     Balogun Gambari     Siddiq Adebayo Idowu Salawu     Malete     Isiaka Saka Opobiyi     Michael Imoudu National Institute For Labour Studies     Kwara State Council Of Chiefs     Salihu Jibril Garbi     Raliat AbdulRazaq     Bank Of Industry     Moro     Razaq Ayobami Akanbi     Rotimi Atere     COEASU     Sa\'adu Gambari     Oke-Odo     Kwara NIPR     Saadu Gbogbo Iwe     Mohammed Halidu     Damilola Yusuf Adelodun     Isaac Gbenle     Mahfouz Adedimeji     Lateef Alagbonsi     Yusuf AbdulRasheed     Okin High School     Oko-Olowo     Yahaya Abdulkareem     Abdulazeez Uthman     Kishira     Olomu     Radio SBS     Balogin Alanamu     Oko-Erin     General Hospital, Ilorin     Justina Oha     Transition Implementation Committee     Demola Banu     Kolo     Oloruntoyosi Thomas     Donatus Ejidike     Saidu Kawu     Fatai Olodo     Imodoye Writer’s Enclave     Seni Saraki     Al-Adaby     Saliu Alamoyo     Abubakar Kawu Baraje     Mohammed Kamaludeen     Alabere     Omotoso Musa     Ayekale     Folorunsho Erubu     QuickWin     Alao Ayotunde     Bolaji Gambari     Mahmud Ajeigbe     Bolakale Kawu Agaka     Oke-Ero     Opaleke Bukola Iyabo     Abiodun Oyedepo     Hamidu Olowo     Abdulkadir Orire     Muhammed Akanbi     Plat Technologies     Taofik Abiodun Ahmed     Ayodele Kuburat Olaosebikan     Ahmad Fatima Bisola     Valsolar-Kwara Company Limited     Abubakar Imam     Jalala     CACOVID