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.

Femi Oladiji     Valsolar-Kwara Company Limited     Kamaldeen Ajibade     Muslim Stakeholders Of Kwara State     Col. Ibrahim Taiwo     Umar Adelodun     Michael Nzekwe     KWAFFA     Aminu Adisa Logun     Gani Saadu     Shehu Alimi Foundation For Peace And Development     Irepodun     Kwara State Sports Commission     Vasolar Consultoria     Danladi     UNILORIN Alumni Association     Prince Sunday Fagbemi     Oloje     Mohammed Saidu     Ahmed \'Lateef     3MTT     Ghali Muhammed     Computer Based Test     Yunus Lawal     Shonga Farm Project     Ilorin Talaka Parapo     Adewuyi Funmilayo     Edu     Modupe Oluwole     College Of Arabic And Islamic Legal Studies     Kolawole Bashirat     Sheikh Ridhwanullah     Titus Suberu-Ajibola     Yahaya Dumoye     Umar Gunu     Innocent Okoye     Babaita     Shettima     Ibrahim Abikan     SSA Youth     Segun Ogunsola     SARS     Press Release     Economic And Financial Crimes Commission     Dumagi     Tescom.kwarastate.gov.ng     Wasiu Odewale     Noah Yusuf     Muhammad Toyin Sanusi     Hamidat Sulyman-Yusuf     M.Y. Abdulrahaman     Owode Market     Osuwa     Ibrahim Agboola Gambari     Afonja Descendants Union     Isiaka Gold     T And K FOODS     Women Radio     Unilorin FM     Olabimpe Olani     Sidikat Akaje     Sulyman Age AbdulKareem     Simeon Sayomi     Flights To Ilorin     Olumide Daniel Ibitoye     Alimi     Yusuf Ibitokun Sherifat     Olupako Of Share     Mufutau Gbadamosi Esuwoye     Lanre Olosunde     Buhari     Kunbi Titiloye     Bisi Kristien     Abdul Jimoh Mohammed     Fatimah Abdulkadir     Special Adviser On Digital Innovation     Abdulkadri Ahmad Alaiye    

Cloud Tag: What's trending

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

Abdul Jimoh Mohammed     Bello Oyebanji     Adedeji Onimago     Bolakale Saka     Afeyin-Olukuta     Olatunji Bamgbola     Yusuf Abdulkadir     Funmilayo Isiaka Oniwa     Lanwa     Erubu     Muhammad-Mustapha Suleiman     Ejidongari     Kumbi Titiloye     Issa Oloruntogun     Muyideen Ajani Bello     Ileloke     Isiaka Alikinla     Omoniyi M. Ayinla     Owo Isowo     Olaiya Lawal     General Hospital, Offa     Yakub Ali-Agan     Christopher Odetunde     Timothy Olatunde Fadipe     Peculiar Allowance     Abubakar Abdullahi Bata     Gaa Olobi     Prince Sunday Fagbemi     Yoruba     Kisra     Jamiu Oyawoye     Agboola Babatunde     Ajeigbe     Femi Agbaje     Mohammed Danjuma     A.O. Belgore     Abubakar Usman Jos     Unicontinental Construction Company     Alimi Abdulrazaq     Alfa Yahaya Road     Aminat Ahmed     Kale Bayero     Ilorin     National Party Of Nigeria     Rueben Parejo     Okeose Christian Cementary     The Herald     Isiaka Yusuf     Oba Abu     NURTW     Ibrahim Jawondo     Jide Oyinloye     Labour Party     Abdulrahman Iliasu     ANCOPPS     Adebayo Salami     Adaramaja     Isiaq Khadeejah     Olaiya Zuberu     Balikis Jawondo     Olusegun Adeniyi     Aro Yahaya     Oke Sunna     Sulyman Abdulkareem     Kabir Shagaya     Kumbi Titilope     Abdulbaqi Jimoh     Ahman Patigi     Cassava Growers\' Association     Olushola Saraki     Amuda Aluko     Shururat Olatinwo     Musibau Akanji     Esuwoye     Bolaji Aladie     Mujtabah Bature     Jani Ibrahim