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.

Mustapha AbdulGaniyu     Kwara NIPR     Yemi Osinbajo     Vasolar-Kwara Company Ltd     ARMTI     Aishatu Ahmed Gobir     Convocation Ceremonies     Segun Olawoyin     Sai Kayi     Kazeem Gbolagade     Federal Allocation     Sanitation Exercise     Ilorin Innovation Hub     Lafia Aliyu Korasabi     Oke-Ode     Danhawa     AbdulRazaq Jiddah     Teachers Specific Allowance     Garba Ayodele Wahab     Halimat Yusuf     Oba Of Jebba     Ile Arugbo     Chief Of Staff     Emir Of Kano     Abdullahi Biffo     Valsolar     Towoju     Aishat Sulu-Gambari     Kwara Polytechnic     Ayinde Oyepitan     Oloye     National Party Of Nigeria     Ita-Ore     National Broadcasting Commission     Elerin Of Adanla     Muhammad Yahya     Kola Adesina     Ibrahim Bio     Yakubu Dogara     Bayo Ojo     John Kehinde Salako     Kwara Coalition Of Business And Professional Associations     Garuba Alikinla Shittu     Babaloja-General     Read With Me     Kolo     AbdulRaheem Ahmad Shayi     Emir Of Ilorin     Ilorin Anchor Men And Women     Special Adviser On Digital Innovation     Jelili Yusuf     Abubakar Abdulraheem     Ganmo     Smart School     Omoniyi M. Ayinla     Abubakar Ndakene     FERMA     General Hospital     EndSARS     Shero     Budo Egba     Aisha Buhari     Abatemi Usman     Olayinka Jelili Yusuf     Ilorin Emirate     Bello Oyedepo     Ademola Kiyesola     Kwara Poly     Wahab Agbaje     Omotosho     Usman Alkali Baba     Tunde Akanbi     Maigida     Ahmed Idris Mohammed     Oba Abdulrahim     Mohammed Yisa     Wahab Egbewole    

Cloud Tag: What's trending

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

Issa Memunat Moyosore     Sa\'adu Salahu     Ayinde Oki     GANZY     Oluronke Adeyemi     Saliu Mustapha     Idofin     George Funsho Adebayo     Salake     IHS Towers     Ayotunde Emmanuel Alao     Aminu Ado Bayero     Salaudeen Oyewale     Gamji Members Association     Arinola Fatimoh Lawal     A.G.F Abdulrasaq     Ola Falade     Afetu Of Alabe     Odo-Owa     Razaq Ayobami Akanbi     Yusuf A. Usman     Shuaib Abdulkadir     Hameed Oladipupo Ali     Mujtabah Bature     Umar Ahmed Gunu     Aiyedun     Raliat AbdulRazaq     Michael Ologundea     Maryam Nurudeen     Kwara Hotel     Umar Ayinla Saro     Kwara Restoration Project     Kayode Oyin Zubair     Kazeem Adekanye     Yakubu Mohammed Abdullahi     Curfew     Sa\'adu Gambari     Farouk Salim     Maigida     Boko Haram     Ibrahim Abdulkadir Abikan     Ibrahim Bio     Kwara North     Olayinka Jelili Yusuf     Oloriegbe     Gafaru Olayiwola Olorisade     Opobiyi     Muazam Nayaya     Olaosebikan     Isin     Lawan     Muhammed Akanbi     Wasiu Onidugbe     Bahago     AbdulRauf Keji     Abubakar Imam     Lawal Jimoh     Sulyman Atolagbe Alege     Bello Oyedepo     Minimum Wage     Michael Nzwekwe     Abdullahi G. Mohammad     TETFUND     Pakata     AbdulQowiy Olododo     Mogaji Aare     Christopher Odetunde     Galland Marcias     George Innih     Alabi Olayemi Abdulrazak     Aisha Buhari     Abdulazeez Uthman     Shuaib Olarongbe     Adewuyi Funmilayo     Dan Iya     Wasiu Odewale     AbdulRaheem Ahmad Shayi