iDeemlawfulThe Federal High Court in Abuja has removed Rep. Abubakar Gummi from office for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Gummi represents the Gummi/Bukkuyum Federal Constituency of Zamfara State in the House of Representatives.
In his judgment, Justice Obiora Egwuatu barred Speaker of the House of Representatives, Tajudeen Abbas, from further recognising Gummi as the lawmaker for the constituency.
The court also ordered the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.
Although the judgment was delivered on Thursday, the certified true copy was obtained on Friday.
The case, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its state chairman, Jamilu Jibomagayaki, as plaintiffs.
Filed by Ibrahim Bawa (SAN), the suit listed Abubakar Suleiman Gummi, the Speaker of the House, and INEC as the first to third defendants.
The plaintiffs argued that under Section 68 (1)(g) of the 1999 Constitution (as amended), it was unconstitutional for Gummi to retain his seat after defecting when there was no division in the PDP.
They sought a declaration that the Speaker’s refusal to declare the seat vacant was unconstitutional.
In his defence, Gummi claimed that internal crises within the PDP forced his defection, citing unresolved disputes at both national and state levels that hindered his ability to serve effectively.
Justice Egwuatu, however, rejected the argument and granted all the reliefs sought by the plaintiffs.
The judge criticised the rising trend of political defection, describing it as “political prostitution,” and emphasised that elected officials must respect the mandate of their voters.
He declared, “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.”
Justice Egwuatu ruled that Gummi automatically lost his seat upon defection and restrained him from receiving any further salaries or allowances as a lawmaker.
He also ordered Gummi to refund all payments received from October 30, 2024, until the date of judgment and to provide evidence of repayment within 30 days.
The court further awarded a cost of ₦500,000 in favour of the plaintiffs.
