Court Sacks Zamfara Rep Gummi Over Defection to APC

A Federal High Court sitting in Abuja has sacked the member representing Gummi/Bukkuyum Federal Constituency of Zamfara State, Abubakar Gummi, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Justice Obiora Egwuatu, who delivered the judgment, also barred the Speaker of the House of Representatives, Tajudeen Abbas, from further recognising Gummi as the lawful representative of the constituency.

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

According to the News Agency of Nigeria (NAN), though the judgment was delivered on Thursday, the certified true copy of the ruling was sighted on Friday.

The case, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, as the first and second plaintiffs.

The plaintiffs had asked the court to declare Gummi’s seat vacant after he defected from the PDP, the platform on which he was elected, to the APC.

In his defence, Gummi, through his counsel, filed a notice of preliminary objection and a counter-affidavit, arguing that his decision to leave the PDP was justified by internal crises within the party.

He claimed that the PDP was engulfed in “lingering, unresolved internal and external crises” both at the national level and within his constituency.

“The crisis resulted in a situation in which I could no longer properly represent my constituents or ensure that they benefit from the dividends of democracy without undue interference,” Gummi argued.

He maintained that the political turmoil within the PDP made it impossible for him to continue to deliver effective representation.

Delivering judgment, Justice Egwuatu dismissed Gummi’s arguments and granted all the reliefs sought by the plaintiffs.

He ruled that the lawmaker’s defection was unconstitutional and violated the provisions of the 1999 Constitution (as amended), which prohibits elected legislators from changing political parties without a lawful justification.

The judge held that the defence of internal crisis was not sufficient to justify defection under the law, as the PDP remained a functioning political party.

Justice Egwuatu, in his ruling, criticised the growing culture of defection among Nigerian politicians, describing it as a threat to democratic stability.

“The attitude of some politicians who see defection as a normal practice must be condemned,” he said.

He emphasised that the court would continue to uphold constitutional provisions to ensure that political office holders remain accountable to the platforms that sponsored their elections.

Following the ruling, the Speaker of the House of Representatives and INEC are expected to comply immediately with the court’s directives to declare the Gummi/Bukkuyum seat vacant and commence preparations for a by-election.

The verdict adds to a growing list of judicial pronouncements reinforcing the constitutional position that lawmakers elected on one political platform cannot switch allegiance midterm without forfeiting their seats.