Just a reminder of what will happen to the 37 defectors in the house of reps. Tambuwal knows that, so he is playing double game. But he will not escape it eventually

And just a reminder. The court has already ruled that there are no factions in PDP in the case between the PDP and the so called new PDP!



By DAYO JOHNSON
AKURE—The Federal High Court sitting in Akure, yesterday, sacked a National Assembly member representing Akure South and North in the Federal House of Representatives, Mr. Ifedayo Abegunde for defecting from the Labour Party, LP, for the opposition Action Congress of Nigeria, ACN.

Abegunde, who is a governorship aspirant of ACN in the state, was subsequently asked to vacant his seat at the House of Representatives.

Delivering judgment, Justice Grace Okeke hinged her decision on the fact that there was no division within the ruling LP before the lawmaker decamped from it to ACN.

Abegunde, who is a two- term member of the House of Representative, had early this year, dumped the ruling LP, the platform on which he got elected to the National Assembly for the rival ACN, alleging that there was crisis within LP.

His approach of the court was to halt his recalled by LP, following a motion at the state House of Assembly calling for his recall and the declaration of his seat vacant.

Abegunde, through his lawyer, Mr. Kola Olawoye, ran to the court, seeking for its protection from being recalled, arguing that by the provisions of Section 68(1) (g) of the 1999 Constitution and the imbroglio, division and fractionalisation in LP, he was entitled to dump the party.

But, the defence counsel and the Attorney-General and Commissioner for Justice, Mr. Eyitayo Jegede, SAN, leading the Director of Civil Litigation, Mr. Rotimi Olamide, submitted that since Abegunde had dumped LP and had not proved any division within the party, he had automatically vacated his seat as a federal lawmaker.

In her judgment, Justice Gloria Okeke said without a political party, no candidate could contest an election since there was no provision for independent candidacy in Nigerian elections.

She cited a Supreme Court decision in Amaechi vs INEC (2008) 5 NWLR Pt. 1080, adding that, “if it is only a party that canvasses for votes, it follows that it is a party that wins an election. A good or bad candidate may enhance or diminish the prospect of his party in winning, but at the end of the day it is the party that wins or loses an election.”

Okeke held further that Abegunde could not prove the alleged division and crisis in LP by the virtue of the letter signed by the State Resident Electoral Commissioner, Mr. Akin Orebiyi, that “we are not aware of any crisis or issue concerning dispute in LP.”

Jegede, Mimiko hail judgment

While Jegede hailed the judgment as a landmark in Nigerian legal history, the plaintiff’s counsel, Olawoye, said it was unacceptable and that his client would appeal against it.

Reacting, Governor Olusegun Mimiko described the judgment as a victory for the masses of the state that voted enmasse for the victory of LP at the polls.

The governor, who said this while addressing party supporters in Akure, said: “I want to assure you that nobody can fight God and win. Labour Party is God’s own party. Inasmuch as we are working day and night to see that the living standard of our people improves, there is nothing anybody can do to us. We are not going to look back.”

He charged them to continue to maintain peace which the party is known for and be vigilant and look out for strange faces around them, warning that anyone attempting to cause trouble in the state would be dealt with according to the law.

Mimiko said: “I want to appeal to you to be very vigilant. Some people will surely come to influence you with money. You have to be very watchful of strangers in your midst. With God on our side, Labour Party will surely succeed.”

Mimiko expressed happiness over the large turn-out of the people in support of the party, noting that LP stands for truth and justice, stressing that no amount of propaganda would deter his administration from fulfilling its promises to the people.

http://www.vanguardngr.com/2012/05/court-sacks-ondo-rep-over-defection/

Stop the deceipt, there was no division with LP when the lawmaker defected. The constitution allows for switching to a different party if there is division within the lawmaker's party.

Hilarious

When the times comes , the dance steps at the court house won't be influenced by the baseless lies and propaganda that there is division in the PDP . . .

I dey laff ooo !!

[size=18pt]1. This is very old news from years ago.
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2. INEC just refused to vacate the seats of the defecting PDP members.

jmaine: When the times comes , the dance steps at the court house won't be influenced by the baseless lies and propaganda that there is division in the PDP . . .

I dey laff ooo !!

Paid advisors like you are the reason GEJ is in this mess. Face reality.

Kairoseki77: [size=18pt]1. This is very old news from years ago.
[/size]

2. INEC just refused to vacate the seats of the defecting PDP members.

1. Not very old, 2012 is not very old.

2. Is INEC a court?

ndu_chucks: Stop the deceipt, there was no division with LP when the lawmaker defected. The constitution allows for switching to a different party if there is division within the lawmaker's party.

Who told you there was division in PDP?

ndu_chucks: Stop the deceipt, there was no division with LP when the lawmaker defected. The constitution allows for switching to a different party if there is division within the lawmaker's party.

The court has already determined that there are no factions in PDP. Where on earth have you been? Please wake up

Kairoseki77: [size=18pt]1. This is very old news from years ago.
[/size]

2. INEC just refused to vacate the seats of the defecting PDP members.

Were you paid to be intentionally dumb. Is INEC the court. ?

Kairoseki77:

Paid advisors like you are the reason GEJ is in this mess. Face reality.

Paid dullards like you are the reasons why intellectual discuss on this board has been abysmal and tiresome.

Go back and upgrade . . .

I can't wait for the sacking to begin.
2014 will indeed be an interesting year.

Obiagu1: I can't wait for the sacking to begin.
2014 will indeed be an interesting year.

"APC will never be registered."

Obviously there was no issue in LP at that time...if you have a conscience and are aware of all the happenings in Nigeria you would know there are issues in PDP with a faction and thus the free move from pdp to apc

ndu_chucks: Stop the deceipt, there was no division with LP when the lawmaker defected. The constitution allows for switching to a different party if there is division within the lawmaker's party.

God bless. The case is quite different from that of the 37 law makers: there was no division in LP. This is exactly what Senator Boroffice on Ondo State is facing. He decamped from LP to ACN.

stelaar: Obviously there was no issue in LP at that time...if you have a conscience and are aware of all the happenings in Nigeria you would know there are issues in PDP with a faction and thus the free move from pdp to apc

The electoral act stipulates the definition of a faction. You cannot simply pull away from a party and claim you've formed a faction.

Anyway, the court will have the final say on both the issue of faction and defection.

Delivering judgment, Justice Grace Okeke hinged her decision on the fact that there was no division within the ruling LP before the lawmaker decamped from it to ACN.

Questions For OP:

1.) Have you seen the above part?? If NO, try and read it now!

2.) Was there a division in LP then??

3.) Is there a division in PDP now??

Sincere 9gerian:
The electoral act stipulates the definition of a faction. You cannot simply pull away from a party and claim you've formed a faction.

Anyway, the court will have the final say on both the issue of faction and defection.

"APC will never be registered."

stelaar: Obviously there was no issue in LP at that time...if you have a conscience and are aware of all the happenings in Nigeria you would know there are issues in PDP with a faction and thus the free move from pdp to apc

Read the OP, the dislodged Rep cited party crisis in the LP


Meanwhile the court has already declared there is no faction in the PDP.

Let's all wait and see! I am sure Pdp will be disappointed.
I dey laugh o.....

Kairoseki77:

"APC will never be registered."

That too is in court. The court will have the final say. Just accept that all parties must accept the judgement in good fate when it is delivered. Propaganda and conspiracy theories will not fly after court pronouncement.

donphilopus:

Questions For OP:

1.) Have you seen the above part?? If NO, try and read it now!

2.) Was there a division in LP then??

3.) Is there a division in PDP now??

The courts will have the final say on whether there is faction or not. Tinubu theories or logic do not apply here.

donphilopus:

Questions For OP:

1.) Have you seen the above part?? If NO, try and read it now!

2.) Was there a division in LP then??

3.) Is there a division in PDP now??

I will repeat it. The court has already determined that there are no factions in PDP. Always read and understand

APC touts are already panicking.

theoctopus:

The court has already determined that there are no factions in PDP. Where on earth have you been? Please wake up

Please note that nowhere in the constitution was it stated that a 'faction' needs to exist for the actions of the legislators to be legal. The constitution only talks about a division within the party, the switching is illegal and I quote the constitution: "Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member "

Now, can anyone really argue that these reps did not switched parties as a result of division with PDP? You people can continue to bury your heads in the sand. The courts will put this issue to rest soon enough, i.e. if PDP has the guts to take the matter to court.

I'd advise them not to go to court because that will put the last nail in their coffin.

Poor things, they are hanging on to anything that looks like hope.

Obiagu1: APC touts are already panicking.

I dey tells you . . .

theoctopus:

I will repeat it. The court has already determined that there are no factions in PDP. Always read and understand

Was/Is nPDP not a faction?? If NO, give reasons.

donphilopus: Was/Is nPDP not a faction?? If NO, give reasons.

No, a federal high court had already determined that there was nothing like nPDP and told them to stop using PDP acronym.

A group of would be defectors cannot wake up one morning, call themselves a name and the next day ran away from their party.
That's not a faction or division.

ndu_chucks:

Please note that nowhere in the constitution was it stated that a 'faction' needs to exist for the actions of the legislators to be legal. The constitution only talks about a division within the party, the switching is illegal and I quote the constitution: "Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member "

Now, can anyone really argue that these reps did not switched parties as a result of division with PDP? You people can continue to bury your heads in the sand. The courts will put this issue to rest soon enough, i.e. if PDP has the guts to take the matter to court.

I'd advise them not to go to court because that will put the last nail in their coffin.

Poor things, they are hanging on to anything that looks like hope.

You are continously ignorant. Who told you there were no quarrels in the LP when this judgement was declared? According to your logic, any disagreement between any two members of a party can constitute a division. You obviously are ignorant. A division has to cause the party to factionalise before it can pass as a division. That is why PDP had to go to court to get that judgement. If there was no "disagreement" in the LP, why would the LP rep have defected in the first place. The court sacked him because the party was not factionalized, not because there were no quarrels in the party. They are always quarrels and disagreements in every party at every time.

Sincere 9gerian:
The courts will have the final say on whether there is faction or not. Tinubu theories or logic do not apply here.

Let's wait and see! Sen. Prof. Robert Ajayi Boroffice, of this same LP defected to the then ACN, but his seat wasn't declared vacant and will never be declared vacant.

Sincere 9gerian:
That too is in court. The court will have the final say. Just accept that all parties must accept the judgement in good fate when it is delivered. Propaganda and conspiracy theories will not fly after court pronouncement.

Daft advisors!

Keep hoping for the court to fix your problems for you, and keep burying your head in the sand.

A court verdict is not going to stop APC. At best, they will take it to another court. At worst, it will push/encourage a breakdown in law and order as APC members IGNORE the law.

You think GEJ will be able to send the security officers to arrest hundreds of high ranking politicians?

NO! If he tried to do that, there would be civil war.

You need to think. A court battle is a dead end for PDP.

The very court case which some people are citing to show that there was no 'faction' within PDP, is the same court case which proves that there was division within the same PDP.

I forgot to mention that nPDP took PDP to court to swear under oath that there is solidarity among PDP members and to show the world that there is no division within PDP.

nwanne m, odikwa risky

www.nairaland.com/attachments/229503_ROFLMAODog_gif3fa44b12f55ba64fc785c3a5794ba92e