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.

Saadu Alanamu     Undergraduate Bursary     Okanlawon Taiwo     Saliu Ajibola Ajia     Plat Technologies Limited     Zaratu Umar     Isapa     Mahe Abdulkadir     KwaraLearn     Ishola Balogun Fulani     Voices Of Tomorrow     Musibau Akanji     Read With Me     Toyin Falola     Onilorin Of Ilorin     Oniye     Revenue Court     Mamatu Abdullahi     Ilesha-Baruba-Gwanara     Balikis Jawondo     Kunle Akogun     Zubair Folorunsho Erubu     Bello Oyedepo     Alao Ayotunde     Logun     International Vocational Centre     Aliyu Muhammad Saifudeen     Ayedun     JAAC     N-Power     Gbenga Olawepo     Face Masks     Yusuf Abdulwahab     Dauda Adeniran Adeshola     Isiaka AbdulRazaq     Afolabi-Oshatimehin     Facemasks     Jimoh Akani     Yahaya Oloriegbe     Mohammed Katsina Ahmed     KWASSIP     Oko     Bola Sagaya     Kayode Bankole     Tosho Yaqub     Veterinary Teaching Hospital     Abdullahi Imam Abdullahi     Baboko Primary School     Asiwaju Bola Tinubu     Sulyman Abdulkareem     Babajide Ajayi     ENetSuD     Sheikh Ridhwanullah El-ilory     Aliyu Adebayo     FERMA     Shettima Of Ilorin     Adedayo Yusuf Abdulkareem     March 28     Olatunji Ibrahim     Shonga Farm Project     Mumini Ishola Hanafi     Yahaya Muhammad     Balogun Gambari     Bisi Oyeleke     IQRA College     NSCIA     Unicontinental Construction Company     LABTOP     Ilorin Amusement Park     Mumeen Lah     Adebayo Salami     SUBEB     Tsaragi     Yekeen Alabi     Talaka Parapo     Shuaib Olarongbe     Femi Agbaje    

Cloud Tag: What's trending

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

Gbemisola Oguntimehin     Rashidi Yekini     Bolakale Saka     Okeose Christian Cementary     Oke-Ero     Temi Kolawole     Abdulkadir Akanbi-Oke     Femi Agbaje     Ilorin West/Asa Federal Constituency     Usman Alkali Baba     Emmanuel Bello     NYSC     Alloy Chukwuemeka     Bayer Nigeria Limited     CCT     Www.Kwarareports.com     Aisha Buhari     Tunji Arosanyin     Radio SBS     Kwara Polytechnic     David Adesina     Alabere     Tafida Of Ilorin     Adamu Attah     Sanusi Abubakar     Hassan Oyeleke     Aminu Adisa Logun     Oja-Oba     Usman Rifun     Ibrahim Labaika     Mahe Abdulkadir     Halimah Perogi     Ahmed Ayinla Jimoh     Bamidele Aluko     Shaykh Luqman Jimoh     Kwara Central     Peter Amogbonjaye     Olaiya Lawal     Ilorin Descendants Progressive Union     Mahmud Babatunde Baker     Sarkin Malamai     David Oyepinola Adedumoye     Adedayo Yusuf Abdulkareem     Ethical College     Kwara Consultative Forum     Iqra Books     Abdulrasheed Akogun     Federal Polytechnic Offa     Jide Oyinloye     AbdulGaniyu Kareem     Village Alive Development Association     Coalition Of Kwara North Groups     Muritala Olarewaju     Hassanat Bello     Ogbondoroko     Toyin Saraki     Tunji Folami     Kulende-UITH     Ayeyemi Sulaiman     Wahab Femi Agbaje     Awodun     Democracy Day     UITH     Femi Ogunsola     Mohammed Lawal Bagega     Olaosebikan     Kisira     Ahman Pategi     Kwara 2023     Oloje     Dasuki Belgore     Charcoal     Umaru Saro     Alaiye     Femi Oladiji     Bola Ahmed Tinubu     Joana Nnazua Kolo