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.

Gambari     NaAllah     Usman Yunusa     Cornelius Adebayo     AbdulRahman Saad     Alloy Chukwuemeka     Ophthalmological Society Of Nigeria     Akande Idowu Ayoola Muhammed     07039448763     Sanusi Abubakar     Oko     Laduba     Alabi Lawal     Abdulmajeed Wahab     Okin Biscuit     Lanre Aremu     Quareeb Islamic Association     Raimi Iyanda     Yakubu Danladi     Umar Saro     Bio Ibrahim     AbdulQowiy Olododo     Aro Yahaya     Omupo     Yaru     Bola Ahmed Tinubu     Abubakar Atiku     Isiaka Oniwa     International Vocational Centre     Saad Omo Iya     College Of Education     Rebecca Bake     Summit University     Erubu Oba Zubair     Muslim Cementary     Sanitation Exercise     Kwha.gov.ng     Madawaki Of Ilorin     Bolakale Ayo     Okoolowo     Yakubu Dogara     Ibrahim Abduquadri Abikan     Baakini     Lola Olabayo     Hussein Olokooba     John Kehinde Salako     Joana Nnazua Kolo     Lafiagi     TESCOM     George Innih     Iyabo Dupe Adekeye     Rotimi Samuel Olujide     Shehu Adaramaja     Aishat Mohammed Lawal     Monthly Sanitation     Bankole Omishore     Medinat Folorunsho Salman     Coronavirus     Victor Gbenga Yusuf     Abdullahi AbdulMajeed     Adebayo Mohammed Kamaldeen     Ilorin Airport     Titus Suberu-Ajibola     Oyeyemi Olasumbo Florence     AbdulRazaq AbduMajeed Alaro     Ghali Alaaya     Femi Agbaje     Suwa-Arabs     LABTOP     Yoonus Lawal     Ilorin Water Reticulation     Yusuf Lanre Badmas     Lateef Alagbonsi     Raji Ayodele Kamaldeen     Kulende     United Nigeria Congress Party     Ibrahim Abdullahi    

Cloud Tag: What's trending

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

Emir Of Shonga     Madawaki     Computer Based Test     Sulyman Age AbdulKareem     Suleiman Mora Omar     Rebecca Bake     Irepodun     Markaz Arabic And Islamic Training Institute, Agege     Femi Ogunsola     Kwara Coalition Of Business And Professional Associations     Justina Oha     Tanke Road     Amuda Musbau     Omotoso Musa     Agboola Babatunde     Kumbi Titiloye     Timothy Akangbe     Abubakar Usman Jos     Esinrogunjo     Tunji Folami     Sheikh Ridhwanullah El-ilory     Baruten     Ahmed Bolaji Nagode     Makama Of Ilorin     Omupo     Bibire Ajape     Albert Ogunsola     Haruna Olawale Sulaiman     Yahaya Abdulkareem Babaita     JAAC     Hakeem Lawal     Mohammed Khadijat Kubura     Ilorin Like-Minds     ASMAU PLAZA     Kayode Ibrahim     Aso-ofi     National Information Technology Development Agency     Ilorin Emirate     Tsaragi-Share     Tafida Of Ilorin     Mutawalle     Wahab Egbewole     Sunday Otokiti     Simeon Ajibola     Abdulganiyu AbdulAzeez     Trade Lenda SME Fair     Funmilayo Zubair     Bamikole Omishore     Ilorin Emirate Stakeholders Forum     Ileloke     Gbenga Olawepo     Elerin Of Adanla Irese     Muhammed Abdullahi     Ilorin East     Abatemi Usman     Tunji Olawuyi     Valsolar Consortium     Olomu Of Omu-Aran     Vishvas KOZ Tractors     Chief Imam Of Ilorin     Jamiu Oyawoye     Aisha Buhari     NSCIA     Aisha Ahman-Pategi     Kulende-UITH     Galland Marcias     Adesoye College     SDP     Unicontinental Construction Company     AbdulFatai Adeniyi Dan-Kazeem     Alore     Radio Kwara     Iliasu     Sheikh Ridhwanullah     Sambo Murtala     Mansurat Amuda-Kannike     Tinubu Legacy Forum