Abubakar Gummi
A member of the House of Representatives, Abubakar Suleiman Gummi, who defected from the Peoples Democratic Party, (PDP) to the ruling All Progressives Congress (APC) in 2024, was on Thursday sacked by the Federal High Court in Abuja, the Federal Capital Territory (FCT) presided over by Justice Obiora Egwuatu.
Gummi, who represents Gummi/Bukkuyum Federal Constituency of Zamfara State in the lower chamber of the National Assembly, cited crisis in the PDP as the reason for dumping the party.
In his judgement which certified true copy (CTC) was obtained on Friday, Justice Egwuatu not only restrained the Speaker, House of Representatives, Tajudeen Abbas, from further recognising Gummi as the member representing Gummi/ Bukkuyum Federal Constituency, he also directed the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacancy for the constituency within 30 days from the day of the judgement.
The suit, marked: FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, as 1st and 2nd plaintiffs.
The duo, in the originating summons dated Nov. 28 but filed Nov. 29, 2024, by Ibrahim Bawa, senior advocate of Nigeria, (SAN) had sued Rep. Gummi, Speaker of the House of Representatives and INEC as 1st to 3rd defendants respectively.
Four questions were set for determination and nine reliefs sought from the court.
They asked whether having regard to the provision of Section 68 (1) (9) of the 1999 Constitution (as amended), it was not unconstitutional for Gummi to retain his seat as member in the House having defected from PDP which sponsored him for the election to Gummi/Bukkuyum Federal Constituency to APC, when there was no division in the party, among other questions.
The plaintiffs sought a relief of the court to rule that it was unconstitutional for the speaker to refuse/fail to declare Gummi’s seat vacant.
However, in his reply through his lawyer, filed a notice of preliminary objection and a counter affidavit.
The lawmaker, in his argument, argued that his decampment was due to the crisis within the PDP.
He said contrary to the deposition of the plaintiffs, the lingering unresolved internal and external crises both at the national level and in his constituency was the reason for his defection from the party to the APC.
Gummi said the crisis resulted into a state where he could no longer represent his constituents properly and ensure that they all benefitted from shared distribution of the dividends of democracy within the bounds of law, and without undue interference from anyone or anything.
Granting all the plaintiff’s reliefs, Justice Egwuatu condemned the attitude of some politicians who see defection as a normal culture.
According to the judge, “Before I take my fingers off the keyboard, let me just add, that politicians should respect the wishes of the electorates that elected them into office.
“A situation where the electorates have made their choices between different political parties and their candidates based on the manifestos and marketability of such a political party, it is legally and morally wrong for such a politician to abandon the party under which platform he or she was elected into office and move to a rival party without relinquishing the mandate of his or her former party.
“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 party. A politician has no such rights to transfer votes of a political party to another political party.
“The law must punish such moves by taking away the benefits bestowed upon the decampee politician by the electorates. And that is what Section 68 (1) (g) of the Constitution has done.
“Political prostitution must not be rewarded. In total, I resolve all the issues in favour of the plaintiffs and against the defendants,” Justice Egwuatu said.
Justice Egwuatu consequently ordered that Gummi, having defected from PDP to APC “before the expiration of the period he was elected, automatically loses his seat as member of the House of Representatives; an order restraining Gummi from further receiving monies as salaries, allowances or howsoever called in his capacity as member representing the constituency, as well as an order directing the lawmaker to refund to the Federal Government all monies collected as salaries, allowances or howsoever called as member representing the constituency from Oct. 30, 2024, to the date of judgement.
Justice Egwuatu concluded with an order “directing that the evidence of the refund of all monies collected as salaries, allowances or howsoever called be filed in the registry of this court within 30 days of the judgement of this court”.
The court consequently imposed a fine of N500, 000 against the defendants and in favour of the plaintiffs.
