The Federal High Court in Abuja has sacked Hon. Abubakar Gummi, the lawmaker representing Gummi/Bukkuyum Federal Constituency of Zamfara State, from the House of Representatives following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a judgment delivered by Justice Obiora Egwuatu, the court declared Gummi’s defection unconstitutional and directed the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 30 days.
Justice Egwuatu also restrained the Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas, from recognizing Gummi as a sitting member of the House, affirming that his mandate was tied to the PDP — the party under which he was elected.
The case was instituted by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, who argued that Gummi’s decision to abandon the party was a clear violation of Section 68(1)(g) of the 1999 Constitution (as amended), which forbids lawmakers from defecting when there is no division within their political party.
Gummi, through his counsel, defended his defection, claiming that unresolved crises within the PDP, both at the national level and in his constituency, made it difficult for him to effectively represent his people.
However, the court disagreed. Justice Egwuatu held that Gummi failed to prove any genuine division in the PDP that could justify his defection. The judge condemned what he described as “the culture of political indiscipline” among politicians who switch parties at will, often for personal gain.
In a strongly worded passage, Justice Egwuatu emphasized the sanctity of electoral mandates:
“Politicians should respect the wishes of the electorates who elected them into office. When voters choose between parties based on manifestos and ideology, it is both legally and morally wrong for an elected official to abandon the party that brought them to power and transfer that mandate to another.”
He went further to warn against what he called “political prostitution,” stating that the law must not reward such behavior.
“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. The law must punish such moves by taking away the benefits bestowed upon the decampee politician by the electorates.”
Consequently, the court declared Gummi’s seat vacant and ordered INEC to organize a fresh election for the Gummi/Bukkuyum Federal Constituency within 30 days.
Beyond losing his seat, Justice Egwuatu also imposed financial penalties. The court ordered Gummi to refund all salaries and allowances received from October 30, 2024, to the date of judgment. He was also restrained from receiving any further remuneration in his former capacity as a lawmaker.
The judgment added that evidence of the refund must be filed in the court registry within 30 days. Additionally, a cost of ₦500,000 was awarded in favor of the PDP and its Zamfara State chairman.
With this ruling, Justice Egwuatu reaffirmed the constitutional stance that political mandates belong to the people and their chosen parties, not to individual politicians who choose convenience over principle.