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.

Agboola Abdulraheem     Saudat Abdulbaqi     Peter Amogbonjaye     Hijaab     IQRA College     Risikat Lawal     Florence Saraki     Ilorin Muslim Community     Aliyu Kora-Sabi     Dapo Teni Nig Enterprise     Ahmed Saidu Rufai     Kpotum Mohammed Baba     Abdulrahman Abdulrazaq     Bank Of Industry     Ophthalmological Society Of Nigeria     Egbejila     Oba Mogaji Abdulkadir     Lanre Olosunde     Oluronke Adeyemi     Oladipo Akanmu Tolani     Cornelius Adebayo     Raymond Olaitan     Borgu     Tescom.kwarastate.gov.ng     Ibrahim Abdulqadir Abikan     Saka Abimbola Isau     Osuwa     Adegoke Bamidele     Wahab Egbewole     Labaeka     Mutawali     Abdulquawiy Olododo     Akeem Olatunji     AbdulRazaq Abubakar Jiddah     Sulyman Abdulkareem     Babajide Ajayi     UTME     Kayode Laro     Aminat Ahmed     AbdulQowiy Olododo     Is\'haq Modibbo Kawu     Ajike People Support Centre     Samuel Adaramola     Sulu Babaita Isiaka     Kwara State Printing And Publishing Corporation     Alao Ayotunde     Garment Factory     Federal Neuro-Psychiatric Hospital     Adewuyi Funmilayo     GAMA     Ghali Alaaya     Alloy Chukwuemeka     Ramat Oganija     A.E. Afolabi     Salihu Alhaji Musa     Col. Taiwo     Peter Obi     Ayegbeni     Facemasks     Ilorin Talaka Parapo     Yunus Oniboki     Sardauna     Presidential Election     Abubakar Lah     Lanre Aremu     Isiaka Saka Opobiyi     Onilorin     Makama     Chartered Institute Of Personnel Management Of Nigeria     Bayo Onimago     Ganmo Electricity Sub-Station     Ilorin Talaka Parapo (ITP)     Elerinjare     Michael Ologundea     Adebayo Salami     Temi Kolawole     Salake    

Cloud Tag: What's trending

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

Kwara Coalition Of Business And Professional Associations     Jalala     PPS     Anilelerin     Muslim Stakeholders Of Kwara State     Oke-Oyi     Senate Presidency     Okoolowo     Isiaka Gold     Simeon Ajibola     Chief Imam Of Ilorin     Ophthalmological Society Of Nigeria     Iyeru Grammar School     Kwara State Infrastructure Development Fund     Gbajabiamila     Raliat Elelu-Habeeb     Rebecca Bake     Ilorin.Info     Kamaldeen Ajibade     Mahee Abdulkadir     Bello Abubakar     Abdulahi Abubakar Bata     Orisa Bridge     John Olajide Adedipe     Ajasse-Ipo     Omu-aran     MalHub     Muhammed Taofeeq Abdulrazaq     Saka Keji     Gbadeyan Gbadura Yomi     Crystal Corner Shops     John Mayokun Dada     HICA     Ilorin Likeminds Foundation     Kayode Ogunlowo     Dumagi     Fatimat Saliu     Abdulmumini AbdulRazaq     Gbenga Olawepo     Earlyon Technologies     Mahe Abdulkadir     Monthly Sanitation     Ilorin Central Mosque     Suleiman Mora Omar     Lanre Aremu     Muhammad Sirajo Aliyu     Kwara South     Joshua Adeyemi Adimula     Apata Ajele Secondary School     AbdulRauf Keji     Jide Oyinloye     Suleiman Idris     Adam Abdullahi Al-Ilory     Iponrin     Tunde Oyawoye     Siddiq Adebayo Idowu Salawu     Nigeria Customs Service     Ali Ahmad     Justina Oha     Local Government Pension Board     Sidikat Alaya     Lateef Alagbonsi     V.O. Abioye     Aliyu Muhammed     Kwarareports.com     Saka Asiat Ayinke     Abubakar Bature Sulu-Gambari     Gamji Members Association     Local Government     Sunday Fagbemi     Moses Salami     Isiaka Danmeromu     Metro Park     ASMAU PLAZA     Kwarareports     John Olobayo     CCB