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.

AbdulFatai Adeniyi Dan-Kazeem     Yekeen Alabi     Elections     Sadiq Buhari     Toyin Falola     Alanamu     Muhammed Abdullahi     Reuben Paraje     Ayobami Akanbi     Baboko     Bola Tinubu     Saheed Alakoso     IEDPU     Innocent Okoye     Abiodun Jacob Ajiboye     Kwha.gov.ng     Ibrahim Taiwo     Saliu Alamoyo     Kwara Muslim Pilgrims Welfare Board     AbdulRaheem Ahmad Shayi     Kamaldeen Ajibade     Tunji Olawuyi     Tunde Saad     Oniyangi Kunle Sulaiman     Abdulganiyu Salahudeen     Moro     Hauwa Nuru     Sayomi     Ola Falade     Adeleke Ogungbe     Ilesha-Baruba     Ibraheem Abdullateef     Wahab Kunle Shittu     General Hospital     Tayo Awodiji     Peter Amogbonjaye     Fatai Adeniyi Garba     Olayinka Olaogun     Saba Jibril     Oloriegbe     Abdulraheem Yusuf     Haruna Tambiri Mohammed     Atunwa     Ilorin Likeminds Foundation     Ibrahim Taiwo Road     Babata     Buhari     Aliyu Olatunji Ajanaku     Gaa Olobi     Gobir Organization Foundation     Ahmed Saidu Rufai     Lanre Badmas     Oyawoye     Baba Issa Awoye     Kwara Primary Health Care Development Agency     IESA     Balogin Alanamu     Kawu     Ministry Of Women Affairs And Social Development     Roseline Oni Aremu     Folorunsho Alao     ITP     Democracy Day     Abegunde Goke     Special Agro-Industrial Hub     Abubakar Imam     Temitope Ogunbanke     Afin Descendants Union Of Odo-Owa     Barakat Community Secondary School     Suleiman Alege Kuranga     Firdaos Amasa     Okin Group     Mohammed Halidu     Salihu S. Yaru     Ile Arugbo     Ishola Balogun Fulani     Bolakale Ayo    

Cloud Tag: What's trending

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

George Innih     Saidu Yaro Musa     Mashood Abdulrafiu Agboola     Olosi Of Osi     Mohammed Kamaludeen     Abdulrahman Abdulrazak     Share-Tsaragi     Ahmad Olayiwola Kamaldeen     Gobir     Ile Arugbo     Afolasade Opeyemi Kemi     Onilu     Titus Suberu-Ajibola     Sango-UITH Road     Iyabo Adisa Ibiyeye     Tafidan Kaiama     Sunday Fagbemi     VADA     Ahmed Ayinla Jimoh     General Tunde Idiagbon International Airport     Rueben Parejo     Abdulwahab Oba     John Olobayo     Alapansapa     Bamikole Omishore     Matthew Okedare     Waziri Yakubu Gobir     Joseph Yemi Ajayi     Taofik Mustapha     Local Government     Yeketi     Naira Redesign     Ajakaye     Hijaab     Abdulquowiyu Olododo     ARMTI     Bayo Lawal     SSA Youth     Share     Sherif Shagaya     Ahmad Belgore     Gafaru Olayiwola Olorisade     School Of Nursing     Laolu Saraki     Rashidi Yekini     Adewuyi Funmilayo     Monthly Sanitation     Tunde Kazeem     Baba Adini Of Kwara State     Taofik Abdulkareem     Muhammad Yahya     Oko-Olowo     Ayeyemi Sulaiman     Bayo Mohammed Onimode     Government House     Umaru Saro     Muhammad Fawaz Abubakar     Nigeria Foundation For Artificial Intelligence     Shaykh Luqman Jimoh     Joshua Adeyemi Adimula     Makama     Saka Abimbola Isau     Rafiu Ajakaye     Plat Technologies     Onilorin     Wahab Femi Agbaje     Kwara North     Suleman Abubakar     Summit University     Afonja Descendants Union     IsDB     SWAN     Shettima     Olaiya Lawal     Rotimi Atere     Lawan     COVID-19 Palliatives