A federal high court in Abuja has removed Abubakar Gummi, the lawmaker representing the Gummi/Bukkuyum federal constituency of Zamfara state, from office for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering judgment on Thursday, Obiora Egwuatu, the presiding judge, ruled that Gummi’s defection was unconstitutional as there was no division in the PDP at the time he left the party.
The court also barred Tajudeen Abbas, speaker of the house of representatives, from further recognising Gummi as a member of the lower chamber.
Additionally, Justice Egwuatu directed the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 30 days.
The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara state chairman, Jamilu Jibomagayaki, through their counsel, Ibrahim Bawa.
The plaintiffs sought the court’s interpretation on whether Gummi’s defection from the PDP—which sponsored his election—to the APC was lawful, and whether the speaker’s failure to declare his seat vacant violated section 68(1)(g) of the 1999 Constitution (as amended).
In his defence, Gummi argued that his decision to defect was influenced by what he described as “lingering unresolved internal and external crises” within the PDP at both national and constituency levels.
He claimed that these challenges made it difficult for him to effectively represent his constituents and ensure fair distribution of democratic benefits.
However, the judge dismissed his argument and granted all the reliefs sought by the plaintiffs.
Justice Egwuatu criticised the increasing rate of political defections, calling it a betrayal of the electorate’s trust.
“Before I take my fingers off the keyboard, let me just add that politicians should respect the wishes of the electorates that elected them to office,” he said.
He added that “it is legally and morally wrong for such a politician to abandon the party under whose platform he or she was elected into office and move to a rival party without relinquishing the mandate of his or her former party.”
The judge further stated: “If a person must decamp, don’t decamp with the mandate of the electorate. Don’t transfer the votes garnered on the platform of one party to another party.”
According to him, “the law must punish such moves by taking away the benefits bestowed upon the decampee politician by the electorates. And that is what Section 68 (1) (g) of the Constitution has done. Political prostitution must not be rewarded.”
Justice Egwuatu therefore ruled that Gummi “automatically loses his seat as member of the house of representatives.”
He also restrained the lawmaker from receiving any further remuneration from the federal government and ordered him to refund all salaries and allowances collected from October 30, 2024, until 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 judgement of this court,” the judge said.
The court further awarded N500,000 in costs against the defendants in favour of the plaintiffs.