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.

Hijab     Abubakar Abdullahi Bata     Col. Adedipe     Olabode Towoju     Okin Group     Sam Onile     COVID-19 Palliatives     Aliyu Salihu     Share/Tsaragi     Yahaya Oloriegbe     Amos Justus Sayo     Umar Bayo Abdulwahab     SAPZ Project     Afeyin-Olukuta     Ella Supreme Tissue Paper     Geri-Alimi Split Diamond Interchange     Paul Olawoore     Chief Of Staff     Ilesha Gwanara Road     Ahmed Dankaya     Salihu Ajia     Rafiu Ibrahim     Quran     Sarakite     Yusuf Lawal     Principal Private Secretary     Academic Staff Union Of Universities     Timothy Akangbe     Titus Suberu-Ajibola     CELF     Ilorin Emirate Stakeholders Forum     Abikan     Olayinka Olaogun     Yusuf Abdulkadir     All Confederation Of Principals Of Secondary Schools     Bola Ahmed Tinubu     Owode Market     Mohammed Saidu     Baba Issa     Shehu Jimoh     Oniwa     Lanre Olosunde     Abdulbaqi Jimoh     Olusegun Adeniyi     Rotimi Oyedepo     Mamatu Abdullahi     Adedeji Onimago     Jide Oyinloye     Kwara State Sports Commission     Okasanmi Ajayi     Just Law Forum     Mumini Ishola Hanafi     Toyosi Thomas     Ilorin Curfew     Olugbense     Bello Abubakar     Bashiru Makama     Ibrahim Abiodun     Mohammed Yisa     Alimi     Bello John Olanrewaju     Saraki     Yahya Mohammed     Kazeem Adekanye     Code Of Conduct Bureau     Taofik Mustapha     Zubair Folorunsho Erubu     TIC     Lukman Oyebanji Fagbemi     Agor Market     Taofik Abiodun Ahmed     Busari Toyin Isiaka     Balogun Fulani     20 Billion Bond     Doyin Awoyale     Waziri Yakubu Gobir     Mufutau Gbadamosi Esuwoye    

Cloud Tag: What's trending

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

Umar Ayinla Saro     Ibrahim Sulu Gambari     Jimoh Bashir     Sarkin Malamai     Fatimoh Lawal     Dan Masanin     PharmAccess Foundation     Read With Me     Ahman Pategi     Olaiya Lawal     Ibrahim Jawondo     Mustapha Akanbi     Ishaq Salman     Split Diamond Interchange     Ita-Ore     Muhammed Taofeeq Abdulrazaq     Abubakar Imam     Smart School     Sherif Sagaya     Yunus Lawal     Mohammed Ghali Alaaya     V.O. Abioye     PPS     Taofik Abiodun Ahmed     March 28     Abraham Ojo     Sobi FM     Suleman Abubakar     Ahmed Saidu Rufai     Yemi Sanni     Kwha.gov.ng     Sobi Specialist Hospital     Baboko Primary School     Aishatu Ahmed Gobir     COVID-19 Palliatives     Tunde Oyawoye     Kumbi Titiloye     Curfew     Olaosebikan     Ilorin Central Mosque     Esinrogunjo     Olatunde Michaels     Folaranmi Aro     QuickWin     Toyosi Thomas     Aliyu Olatunji Ajanaku     Nigerian Army     Abiodun Oyedepo     Facemasks     AGM Professional Services     Christopher Tunji Ayeni     Abioye Bello     Hussein Oloyede     High Court     Muyideen Ajani Bello     Ubandawaki     Emmanuel Olatunji Adesoye     Lanwa     Abdulwaheed Musa     VADA     Dele Momodu     Magaji Nda     Bolaji Abdullahi     College Of Education     Apaokagi     Muideen Olaniyi Alalade     Erin-ile     Yusuf Amuda Aluko     Idris Amosa Saidu     Balogun Ajikobi     Buhari     Ohoro Of Shao     National Democratic Congress     Plat Technologies Limited     Rashidi Yekini     Moses Afolayan     Abiodun Abdulkareem