The Federal High Court in Abuja has officially removed House of Representatives member, Abubakar Gummi, from his position after he defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The ruling, delivered by Justice Obiora Egwuatu, marks a significant precedent in Nigeria’s political space, particularly regarding party defection laws.
Gummi, who represents the Gummi/Bukkuyum Federal Constituency in Zamfara State, was declared to have forfeited his seat for breaching constitutional provisions governing the conduct of elected lawmakers.
Judge Orders Fresh Election Within 30 Days
As part of the landmark judgment, Justice Egwuatu issued a directive to the Independent National Electoral Commission (INEC) to organize a fresh election for the constituency within 30 days. Additionally, he barred the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Gummi as a serving member.
Reports from the News Agency of Nigeria (NAN) confirmed that although the ruling was pronounced on Thursday, the court's certified true copy was sighted the following day.
PDP Moves to Reclaim Mandate Through Court
The case, registered as suit number FHC/ABJ/CS/1803/2024, was instituted by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki. Represented by senior counsel Ibrahim Bawa (SAN), the party argued that the lawmaker’s defection lacked a constitutional basis under Section 68(1)(g) of the 1999 Constitution.
The plaintiffs emphasized that there was no internal crisis or division in the PDP substantial enough to justify Gummi’s switch to the APC, hence his seat should be vacated for violating the mandate of his voters.
Gummi Defends His Defection, Citing Party Crisis
In his defence, Gummi claimed that internal rifts within the PDP both at the national and constituency levels forced his decision to defect. He argued that the party’s unresolved disagreements made it difficult for him to discharge his duties to his constituents.
Justice Egwuatu, however, rejected his argument, ruling that the justification did not meet the constitutional threshold for defection — and therefore the move was invalid.
Judge Condemns Rampant Political Defections
Delivering a stern warning to politicians, the judge criticized what he described as the growing culture of opportunistic political cross-carpeting. He stated that elected officials must respect the mandate given to them by voters under the banner of a political party.
He stressed that it is “legally and morally wrong” for politicians to switch parties and attempt to transfer the voters’ mandate for personal benefit. Justice Egwuatu condemned such behavior as “political prostitution” and emphasized that the Constitution provides consequences for such actions.
Court Orders Refund of Salaries, Allowances, and Penalizes Defendant
In addition to losing his seat, Gummi has been ordered to refund all salaries and allowances earned from October 30, 2024 up to the date of judgment. He must also present proof of repayment to the court within 30 days — failure of which may trigger further legal actions.
The court also awarded a cost of ₦500,000 in favour of the PDP and its state chairman, further cementing the ruling as a harsh warning against unlawful defection practices.
This judgment has sparked conversations nationwide, with many observers applauding the court for upholding constitutional principles and emphasizing accountability among elected officials.