The Federal High Court in Abuja has sacked Rep. Abubakar Gummi for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Gummi represents the Gummi/Bukkuyum federal constituency of Zamfara in the House of Representatives.
Justice Obiora Egwuatu, in a ruling, restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognizing Gummi as the representative member of the Gummi/Bukkuyum federal constituency.
Justice Egwuatu also issued an order directing the Independent National Electoral Commission. (iNEC) to conduct fresh elections to fill the vacancy in the constituency within 30 days from the day of judgment.
The News Agency of Nigeria (NAN) reports that although the judgment was handed down on Thursday, the certified true copy was seen on Friday.
The suit, marked: FHC/ABJ/CS/1803/2024, was filed by the PDP and its state president Jamilu Jibomagayaki as the first and second plaintiffs.
The duo, in the original summons dated November 28 but filed on November 29, 2024 by Ibrahim Bawa, SAN, had sued Hon Abubakar Suleiman Gummi, Speaker of the House of Representatives, and INEC as 1st to 3rd defendants respectively.
The plaintiffs had raised four issues for determination and requested nine solutions for such determination.
They asked whether, having regard to the provisions of article 68 (1) (9) of the 1999 Constitution (as amended), it was not unconstitutional for Gummies to retain his seat as a member of the house.
They said he defected from the PDP, which sponsored him for the Gummi/Bukkuyum Federal Constituency elections, to the APC, when there was no division in the party, among other issues.
One of the solutions sought was a declaration that it was unconstitutional for the president to refuse or fail to declare Gummi’s seat vacant.
Gummi, in his response through his counsel, filed a written preliminary objection and a counter-affidavit.
The legislator, in his argument, argued that his departure was due to the crisis within the PD.
He said contrary to the claimants’ statement, the persistent unresolved internal and external crisis, both nationally and in his constituency, is the reason for his defection from the party to the APC.
Gummi said the crisis resulted in a state where it could no longer adequately represent its constituents and ensure that everyone benefited from the shared distribution of the dividends of democracy within the confines of the law and without undue interference from anyone or anything.
In passing judgment, Justice Egwuatu granted all reparations to the plaintiffs.
The judge condemned the attitude of some politicians who see defection as a normal practice.
“Before you take your fingers off the keyboard, let me add that politicians must respect the wishes of the voters who elected them to office.
“In a situation where voters have chosen between different political parties and their candidates based on the manifestos and marketability of the said political party, it is legally and morally wrong for such a politician to abandon the party under whose platform he was elected to office and move to a rival party without relinquishing the mandate of his former party.
“If a person must leave, do not do so with the mandate of the voters.
“Do not transfer votes obtained on one party’s platform to another party.
“A politician does not have that right to transfer votes from one political party to another political party.
“The law must punish such movements by removing the benefits granted by the electorate to the uncamped politician.
“And that is what Section 68(1)(g) of the Constitution has done.
“Political prostitution should not be rewarded.
“In all, I resolve all issues in favor of the plaintiffs and against the defendants,” Justice Egwuatu said.
The judge therefore ordered that Gummi, having defected from the PDP to the APC “before the expiration of the period in which the house was elected, automatically lose his seat as a member of the House of Representatives.
He issued an order preventing Gummi from continuing to receive money such as salaries, allowances or anything else called in his capacity as a member representing the constituency.
He also issued an order directing the legislator to reimburse the Federal Government for all monies collected as salaries, allowances or any other denomination as a representative member of the constituency from October 30, 2024 until the date of the judgment.
“An order is issued providing that proof of the return of all monies collected as salaries, allowances or whatever they are called be filed in the registry of this court within 30 days of the ruling of this court,” he said.
Consequently, Justice Egwuatu imposed a fine of N500,000 in favor of the plaintiffs and against the defendants.
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