The Federal High Court in Abuja has sacked Hon. Abubakar Suleiman Gummi, the member representing Gummi/Bukkuyum Federal Constituency of Zamfara State, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Obiora Egwuatu, in a judgment delivered on Thursday, held that Gummi’s defection was unconstitutional since there was no division within the PDP to justify his move.
The court consequently restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Gummi as a member of the House, and directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.
PDP Challenges Defection
The ruling followed a suit filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, through their counsel, Ibrahim Bawa, SAN. The case, marked FHC/ABJ/CS/1803/2024, listed Gummi, the Speaker of the House of Representatives, and INEC as the 1st to 3rd defendants.
The plaintiffs asked the court to determine whether it was not unconstitutional for Gummi to retain his seat after defecting from the PDP—which sponsored his election—to the APC, despite there being no internal division in his party.
One of the reliefs sought was a declaration that the Speaker’s failure to declare Gummi’s seat vacant was in violation of Section 68(1)(g) of the 1999 Constitution (as amended).
Gummi Defends Defection
In his defence, Gummi argued that his decision to join the APC was due to lingering internal and external crises within the PDP, both at the national level and in his constituency. He claimed the party’s instability made it difficult for him to effectively represent his constituents and deliver the dividends of democracy.
Judge Condemns Political Defections
Delivering judgment, Justice Egwuatu granted all the reliefs sought by the plaintiffs and condemned what he described as “political prostitution” among Nigerian politicians.
“Politicians should respect the wishes of the electorate who elected them into office. It is legally and morally wrong for such a politician to abandon the party under which he or she was elected and move to a rival party without relinquishing the mandate,” he said.
The judge stressed that elected officials do not have the right to transfer the votes of one political party to another and warned that the law must punish such conduct.
“Political prostitution must not be rewarded,” Justice Egwuatu stated.
Court Orders Refund, Fine
The court further ordered that Gummi, having defected before the expiration of his tenure, automatically loses his seat and must refund all salaries, allowances, or any payments received in his capacity as a lawmaker from October 30, 2024, until the date of judgment.
Justice Egwuatu also ordered Gummi to file evidence of the refund in the court’s registry within 30 days and awarded ₦500,000 in costs in favour of the plaintiffs.