The Federal High Court in Abuja has removed Hon. Abubakar Suleiman Gummi from the House of Representatives for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Gummi, who represents the Gummi/Bukkuyum Federal Constituency of Zamfara State, was sacked by Justice Obiora Egwuatu, who ruled that the lawmaker’s defection was unconstitutional.
In his judgment, Justice Egwuatu barred the Speaker of the House of Representatives, Tajudeen Abbas, from further recognising Gummi as a member of the House. He also ordered the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 30 days.
The ruling, delivered on Thursday and obtained on Friday, followed a suit filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, marked: FHC/ABJ/CS/1803/2024. The plaintiffs, represented by Senior Advocate of Nigeria, Ibrahim Bawa, named Gummi, the Speaker, and INEC as the first, second, and third defendants respectively.
The PDP argued that Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), which prohibits lawmakers from crossing party lines except in cases of division within their original party. The party maintained that no such division existed within the PDP at the time of Gummi’s defection.
In response, Gummi, through his counsel, filed a preliminary objection and a counter-affidavit, claiming his defection was prompted by deep-seated crises within the PDP at both national and state levels, which he said made it impossible for him to effectively represent his constituents.
However, Justice Egwuatu rejected Gummi’s arguments and granted all the reliefs sought by the plaintiffs. He condemned the frequent defection of politicians, describing it as “political prostitution” that undermines the will of the electorate.
“Politicians should respect the wishes of the electorate who elected them into office. It is legally and morally wrong for a politician to abandon the party under which platform they were elected and move to a rival party without relinquishing the mandate of their former party,” the judge stated.
Justice Egwuatu declared that by defecting before the expiration of his term, Gummi automatically lost his seat in the House of Representatives.
The court further restrained Gummi from receiving any remuneration or benefits as a member of the House and ordered him to refund all salaries and allowances received from October 30, 2024, until the date of the judgment. Proof of repayment is to be filed in court within 30 days.
Additionally, the judge awarded ₦500,000 in costs against the defendants in favour of the plaintiffs.
