Justice Obiora Egwuatu of the Federal High Court in Abuja has removed Hon. Abubakar Gummi, member representing Gummi/Bukkuyum Federal Constituency of Zamfara State, from the House of Representatives for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
According to The Guardian, Justice Egwuatu delivered the judgment on Thursday, October 30, ruling that Gummi’s defection was unconstitutional since there was no division within the PDP at the time he switched parties.
The court also barred the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Gummi as a member and directed the Independent National Electoral Commission (INEC) to conduct a fresh election in the constituency within 30 days.
The judgment followed a suit (FHC/ABJ/CS/1803/2024) filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Gummi’s continued stay in office after defecting violated Section 68(1)(g) of the 1999 Constitution (as amended).
In his defence, Gummi claimed that his defection was prompted by internal crises within the PDP, both at the national and constituency levels, which made it difficult for him to effectively represent his constituents.
However, Justice Egwuatu dismissed his argument and granted all the plaintiffs’ reliefs, describing political defections as an abuse of the electorate’s mandate.
“Politicians must respect the wishes of the electorate who voted them into office. It is legally and morally wrong to abandon the party under which one was elected and transfer that mandate to another. If a person must decamp, they should not decamp with the electorate’s mandate. Political prostitution must not be rewarded,” the judge said.
The court consequently held that Gummi automatically lost his seat upon defecting before the expiration of the legislative term.
Justice Egwuatu further restrained Gummi from receiving any salaries or allowances as a House member and ordered him to refund all payments received from October 30, 2024, to the date of judgment to the Federal Government.
He also directed that proof of the refund be filed in the court’s registry within 30 days and awarded ₦500,000 in costs against the defendants in favour of the plaintiffs.
