Court sacks Rep Member for dumping PDP for APC, orders fresh election

A Federal High Court in Abuja has sacked Abubakar Gummi, a member of the House of Representatives representing Gummi/Bukkuyum Federal Constituency of Zamfara State, from office following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Justice Obiora Egwuatu, who delivered the ruling, ordered the Speaker of the House, Tajudeen Abbas, to immediately stop recognising Gummi as a serving member of the National Assembly.

The court further directed the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 30 days.

The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, through senior advocate Ibrahim Bawa (SAN), on November 29, 2024.

The plaintiffs listed Gummi, the Speaker of the House, and INEC as the first, second, and third defendants, respectively.

The plaintiffs argued that Gummi’s defection violated Section 68 (1)(g) of the 1999 Constitution (as amended), which prohibits lawmakers from abandoning the party that sponsored their election unless there is a division in that party.

They also sought a declaration that the Speaker acted unconstitutionally by failing to declare Gummi’s seat vacant.

In his defence, Gummi claimed that his decision to join the APC was due to internal crises within the PDP at both national and constituency levels, which, according to him, made it difficult to effectively represent his people.

However, Justice Egwuatu dismissed his defence and upheld all the plaintiffs’ prayers.

He condemned the increasing trend of political defections in Nigeria, describing it as “political prostitution” that undermines the will of the electorate.

“Politicians should respect the wishes of the electorates that 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,” the judge stated.

He added, “If a person must decamp, don’t decamp with the mandate of the electorates.”

“The law must punish such moves by taking away the benefits bestowed upon the decampee politician by the electorates.”

The court held that Gummi’s defection before the end of his tenure automatically cost him his seat in the House.

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.

An additional order was made directing that proof of the refund be submitted to the court’s registry within 30 days, while the judge awarded a cost of ₦500,000 in favour of the plaintiffs.

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