The Federal High Court in Abuja has removed Hon. Abubakar Suleiman Gummi, the lawmaker representing Gummi/Bukkuyum Federal Constituency of Zamfara State, from the House of Representatives following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering judgment on Thursday, Justice Obiora Egwuatu ruled that Gummi’s defection was unconstitutional, stressing that the lawmaker could not retain his seat in the House after abandoning the political platform that sponsored his election.
The court consequently restrained the Speaker of the House of Representatives, Tajudeen Abbas, from further recognising Gummi as a member of the lower chamber.
Justice Egwuatu further ordered the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 30 days of the judgment.
The judgment followed a suit marked FHC/ABJ/CS/1803/2024, filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, through their counsel, Ibrahim Bawa (SAN).
The plaintiffs asked the court to determine whether, under Section 68(1)(g) of the 1999 Constitution (as amended), it was not unconstitutional for Gummi to retain his seat after defecting to another party in the absence of any division within the PDP.
They also sought a declaration that the Speaker’s refusal to declare Gummi’s seat vacant violated the law.
The PDP contended that Gummi’s defection was politically motivated, as there was no crisis within the party capable of justifying his exit under the constitutional exception.
Gummi Claimed PDP Crisis Forced His Defection
In his defence, Gummi, through his lawyer, filed a preliminary objection and counter affidavit, arguing that his defection was a result of the lingering internal crisis within the PDP, both at the national and state levels.
He said the situation had made it impossible for him to “properly represent his constituents or ensure the equitable distribution of the dividends of democracy without undue interference.”
According to him, the internal strife within the PDP rendered his continued membership untenable, thereby compelling his defection to the APC.
Justice Egwuatu, however, dismissed Gummi’s arguments and granted all the reliefs sought by the plaintiffs, declaring his defection unlawful.
The judge condemned what he described as a “growing culture of political defection” among Nigerian politicians, warning that such acts undermine the sanctity of democratic representation.
Justice Egwuatu said, “Before I take my fingers off the keyboard, let me just add that politicians should respect the wishes of the electorates that elected them into office.
“A situation where the electorates have made their choices between different political parties and their candidates based on the manifestos and marketability of such a political party, it is legally and morally wrong for such a politician to abandon the party under which platform he or she was elected into office and move to a rival party without relinquishing the mandate of his or her former party.
“If a person must decamp, don’t decamp with the mandate of the electorates.
“Don’t transfer the votes garnered on the platform of one party to another party.
“A politician has no such right to transfer votes of a political party to another political party.
“The law must punish such moves by taking away the benefits bestowed upon the decampee politician by the electorate.
“And that is what Section 68 (1) (g) of the Constitution has done.
“Political prostitution must not be rewarded.
“In total, I resolve all the issues in favour of the plaintiffs and against the defendants.”
The judge, therefore, ordered that Gummi, having defected from PDP to APC “before the expiration of the period the house was elected, automatically loses his seat as a member of the House of Representatives.
He made an order restraining Gummi from further receiving monies as salaries, allowances or whatsoever called in his capacity as a member representing the constituency.
He also made an order directing the lawmaker to refund to the Federal Government all monies collected as salaries, allowances or whatsoever called as a member representing the constituency from Oct. 30, 2024, to the date of judgment.
“An order is made directing that the evidence of the refund of all monies collected as salaries, allowances or howsoever called be filed in the registry of this court within 30 days of the judgment of this court,” he said.
Justice Egwuatu consequently awarded a fine of N500,000 in favour of the plaintiffs and against the defendants.
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