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.

Islamiya Abdulraheem     Ishaq Oloyede     ASKOMP     Gambari     Adisa Logun     Abdulmumin Yinka Ajia     Baba Adini Of Kwara State     Curfew     Gamji Members Association     Oya State     Joseph Daudu     Grillo     Hydroelectric Power Producing Areas Development Commission     Sarkin Malamai     Chief Imam Of Offa     Funmilayo Mohammed     Muhammed Akanbi     Funmilayo Isiaka Oniwa     Bisi Kristien     Ishaq Salman     Shururat Olatinwo     Kassim Babamale     AbdulRaheem Ahmad Shayi     Tunde Oyawoye     Kisira     Muhammad Toyin Sanusi     Abdulraheem Yusuf     Alaiye     Umaru Saro     Hamza Usman     Oniwasi Agbaye     Kwara State Internal Revenue Service     Abdulfatai Salman Baakini     Read With Me     TETFUND     Umar Yakubu Jaja     Chikanda     Hamidu Olowo     Ibrahim Abdulqadir Abikan     Saliu Ajia     Emir Of Lafiagi     Jebba     Abdulmumini Jawondo     Kolo     Sulyman Abdulkareem     Lotus Bank     Jaigbade Alao     Ben Duntoye     Suraj Tunji Oyewale     Olusegun Adeniyi     Abdulrazak Shehu Akorede     Femtech     Plat Technologies     Ibrahim Abikan     Adeniyi Ojo     Adedeji Onimago     KWASIEC     Basit Olatunji     Lafia Aliyu Korasabi     Galadima     Ilorin Anchor Men And Women     Yusuf A. Usman     Onilorin     Iyiola Oyedepo     Elelu     Mahmud Durosinlohun Atiku     Saliu Mustapha     Oko-Olowo     Oba-Solagberu     Obuh     Tafida Of Kaiama     Earlyon Technologies     Abdulrazaq Solihudeen     Sa\'ad Alanamu     Nurudeen Mohammed     Oke-Oyi     MATTA Girls Foundation    

Cloud Tag: What's trending

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

Rebecca Olanrewaju     Bureau Of Lands     Hauwa Nuru     Shuaibu Yaman     Hamid Bobboyi     Rabiu Kwankwaso     Sunday Fagbemi     Garba Ayodele Wahab     Ibrahim Abdullahi     Olota Of Odo-Owa     Abdulsalam Firdaous Amosa     Centre For Digital Economy     AbdulKareem Yusuf Danhawa     Mahmud Babatunde Baker     Aliyu Kora Sabi     Sardauna     Sabi     Iliasu     Federal Polytechnic Offa     Mogaji Aare     Busari Alabi Alausa     Suleiman Alege Kuranga     Gbemisola Saraki     Fatimoh Lawal     Fola Consultant     Aliyu Muhammed     Balogin Alanamu     Ali Ahmad     Moro     Gani Saadu     Saka Isau     AbdulRauf Keji     Quarry Royal Valley     Babaita     Bilikisu Gambari     Muftau Akanbi Oke     Saliu Tunde Bello     Guber Aspirant     Muhammed Abdullahi     Dapo Teni Nig Enterprise     11th Galadima     Dorcas Afeniforo     Bond     Senate     Saliu Shola Taofeek     Yoonus Lawal     Osi     Lawal Jimoh     Kunle Akogun     Esuwoye     Yusuf Amuda Aluko     Kayode Bankole     BIR     Agboola Babatunde     Olubukola Kifayat Adedeji     Yusuf Abdulwahab     Yakubu Shaaba     Olatunji Moronfoye     Amosa     Issa Baba     AbdulRazaq Jiddah     Sadiq Umar     Press Release     Kwara State Internal Revenue Service     Frootify     Akeem Lawal     Tunji Ajanaku     Ubandoma Of Ilorin     Onilu     Alumni Association Of The Federal Polytechnic Offa     Olatunji Abdulmumeen     Bello Bature     Kolo     Sola Saraki University     Kwara State Governor     Age AbdulKareem     CCT