A Federal High Court sitting in Abuja has sacked the lawmaker representing Gummi/Bukkuyum Federal Constituency of Zamfara State, Abubakar Suleiman Gummi, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Obiora Egwuatu, in a landmark judgment, held that Gummi’s decision to abandon the party that sponsored his election violated Section 68(1)(g) of the 1999 Constitution, which mandates lawmakers who defect without proof of division in their party to vacate their seats.
The court also ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in the constituency within 30 days.
In addition, Justice Egwuatu restrained the Speaker of the House of Representatives, Tajudeen Abbas, from further recognising Gummi as a member of the lower chamber, and directed the lawmaker to refund all salaries and allowances earned from October 30, 2024, to the date of judgment.
“Before I take my fingers off the keyboard, let me just add that politicians should respect the wishes of the electorates,” the judge cautioned, condemning what he described as the “political prostitution” of defections without relinquishing mandates.
He added, “Don’t transfer the votes garnered on the platform of one party to another party. A politician has no such right… The law must punish such moves.”
The suit, filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, sought the court’s interpretation on whether Gummi could lawfully remain in office after defecting in the absence of internal crisis within the PDP.
Gummi, through his counsel, argued that unresolved crises at both state and national levels forced his defection. The judge rejected the argument, ruling that the lawmaker failed to prove any division that could justify abandoning his party.
Besides forfeiting his seat and refunding his earnings, Gummi was ordered to show proof of payment to the court registry within 30 days. The judge also awarded N500,000 cost against him in favour of the plaintiffs.
The judgment, whose Certified True Copy was sighted on Friday, reinforces a series of recent judicial pronouncements aimed at curbing indiscriminate party switching by elected officials in Nigeria.
With this ruling, attention now shifts to INEC, which must organise a fresh poll in the Gummi/Bukkuyum constituency within the stipulated timeframe.
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