Court sacks Rep Abubakar Gummi over defection to APC

A Federal High Court sitting in Abuja has removed Abubakar Gummi, a member of the House of Representatives, from office following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Gummi, who represents the Gummi/Bukkuyum Federal Constituency of Zamfara State, was ordered to vacate his seat immediately.

Delivering judgment, Justice Obiora Egwuatu directed the Speaker of the House, Tajudeen Abbas, to stop recognising Gummi as a representative of the constituency. The court also instructed 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, a certified true copy was made available on Friday. The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, on November 29, 2024, through their counsel, Ibrahim Bawa (SAN). The defendants listed were Hon. Abubakar Suleiman Gummi, the Speaker of the House of Representatives, and INEC.

The plaintiffs argued that Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), which prohibits lawmakers from retaining their seats after switching parties unless there is a division within the party that sponsored their election. They further claimed it was unconstitutional for the Speaker not to declare his seat vacant.

In response, Gummi’s counsel argued that his defection was justified due to unresolved internal crises within the PDP at both national and constituency levels, which hindered his ability to perform effectively.

However, Justice Egwuatu upheld all the plaintiffs’ prayers and condemned the growing trend of political defections in the country. “Politicians should respect the wishes of the electorates who elected them. It is legally and morally wrong for a politician to abandon the party under which they were elected and move to another party without relinquishing the mandate,” the judge stated.

He further added, “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. A politician has no such right. Political prostitution must not be rewarded.”

The court ruled that Gummi’s defection to the APC before the expiration of his term meant he automatically lost his seat. Justice Egwuatu also barred him from receiving any salary or allowances as a lawmaker and ordered him to refund all payments received from October 30, 2024, until the date of the judgment. He must file proof of the refund in court within 30 days.

Additionally, the court awarded a cost of N500,000 against Gummi in favour of the plaintiffs.