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.

Gbenga Adebayo     Abdulrasaq Alaro     Muideen Olaniyi Alalade     Oro Grammar School     Law School Scholarship     Sa\'ad Alanamu     Taofik Mustapha     Ganmo     Ghali Muhammed     Segun Abifarin     Umar Adelodun     Owode Market     Sarafadeen Kayode Akorede     Falokun-Oja     AbdulRazaq Jiddah     Lukman Adeloyin     Saka Isau     Ilorin Like-Minds     Oloye     Kuliyan Geri     Muhammadu Gobir     Ayodele Olaosebikan     IYA ALFA NLA     Kazeem Adekanye     Babatunde Ishola Babaita     Kwara State Government     Babaloja-General     Abdullahi G. Mohammad     Matthew Okedare     Kwara State Geographic Information Service     David Adesina     Sardauna Of Ilorin     Muyideen Ajani Bello     Fatima Abolore Jimoh     Muslim Media Watch Group Of Nigeria     Ayobami Akanbi     Usman Yunusa     Kola Bukoye     Tunji Ajanaku     Bolakale Saka     Sabi     Onilupeju Of Ilupeju     Special Agro-Industrial Hub     T And K FOODS     Issa Oloruntogun     Sheikh Ridhwanullah     Muhammed Taofeeq Abdulrazaq     Mumini Ishola Hanafi     Kwara Politics     Issa Manzuma     Babatunde Idiagbon     Kwara Central     Oniwasi Agbaye     KWSIEC     Muslimah Entrepreneurship Forum     Saka Adeyemo     Rafiu Ajakaye     Obuh     Mutawalle     Imam Gambari     Yusuf Babatunde Abdulwahab     Oke-Ode     PharmAccess Foundation     Kwara South     Ope Saraki     Bukola Ajikobi     Kwara State Fire Service     Adebayo Salami     Abdulrazaq Magaji     VADA     Abdulrasheed Lafia     Yakubu Danladi     Kwara State Printing And Publishing Corporation     Funmilayo Zubair     Suleiman Rotimi Iliasu     Wasiu Odewale     Maryam A. Garuba    

Cloud Tag: What's trending

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

Quareeb     Kwara Metro Park     Albert Ogunsola     Fatimat Saliu     Radio Kwara     Kwara University Of Education     Hassanat Bello     Aminat Ahmed     Tunji Arosanyin     Oloriegbe     Hamidu Olowo     Ilorin South     Yusuf A. Usman     Nagode     Ola Falade     Marufat Oladosu     Ali Ahmad     Akanji     ER-KANG     Aminu Ado Bayero     General Tunde Idiagbon International Airport Ilorin     Umar Gunu     Balogun Fulani     Oye Tinuoye     Salary     John Dara     Ibikunle Ogunleye     Adedeji Onimago     Saliu Mustapha     Ayobami Seriki     Col. Taiwo     Tanke Flyover Bridge     Tunde Oyawoye     Afeyin-Olukuta     Esinniobiwa Quareeb     Oke-Kura     Okin High School     United Nigeria Congress Party     Ayodele Olaosebikan     Sai Kayi     Al-Hikmah University     Sarafadeen Kayode Akorede     Abdulrahman Onikijipa     Durosinlohun Kawu     Awili Pedro     Lukman Adeloyin     Taofik Abiodun Ahmed     Kaiama     Oba Sulaiman Asude     Abdulmalik Bashir Mopelola Risikatullahi     Yomi Ogunsola     Sola Saraki University     Kwara State Internal Revenue Service     Abdulfatai Baakini     Damilola Yusuf     Ramat Oganija     Baba Adini Of Kwara State     Gbugbu International Market     Kwara Central     Tuesday Assayomo     Na\'Allah     Yusuf Babatunde Abdulwahab     Alfa Modibbo Belgore     Mashood Dauda     Hamid Bobboyi     Gbemisola Saraki     Osuwa     Okin Biscuits     Ilorin.Info     Adeleke Ogungbe     Sarkin Malamai     Mazars Consulting     Baboko Primary School     Sobi     PAACO-PCL Consortium     Wahab Abayawo     Chief Imam Of Ilorin