Court sacks Zamfara Rep Gummi for defecting from PDP to APC

By Taiye Agbaje

Rep Abubakar Gummi, member of House of Representative representing Gummi/Bukkuyum Federal Constituency of Zamfara State on Friday lost his seat for defecting from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).

Justice Obiora Egwuatu of Federal High Court in Abuja declared Gummi’s seat vacant in a judgment he delivered on Thursday.

Gummi defected from the PDP to APC in October 2024.

He said his defection was as a result of lingering internal and external crisis within the PDP.

He said the crisis had led to factionalisation in his constituency with two chairmen laying claim to the leadership of the party.

The announcement of his defection attracted applause from APC members at the plenary

However, the Minority Leader of the House, Kingsley Chinda had opposed the defection.

Chinda had noted that the provisions of the Constitution of the Federal Republic of Nigeria stipulates that a lawmaker who defects from their party stands to lose their seat.

The monority leader therefore appealed to the Speaker to act in accordance with the provisions of the Constitution by declaring the seat of the lawmaker vacant.

He joined the APC barely two weeks after he was named Chairman of the House Committee on the newly created North West Development Commission.

‘Sack Gummi’

However, the PDP and its Chairman in Zamfara State, Jamilu Jibomagayaki had filed a suit as 1st and 2nd plaintiffs demanding the sack of the lawmaker over the defection.

The duo, in the originating summons dated Nov. 28 but filed Nov. 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 set out four questions for determination and sought nine reliefs for determination.

They asked whether having regard to the provision of Section 68 (1) (9) of the 1999 Constitution (as amended), it was not unconstitutional for Gummies to retain his seat as member in the house.

They said he 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.

One of the reliefs sought was a declaration that it was unconstitutional for the speaker to refuse/fail to declare Gummi’s seat vacant.

Gummi, in his response 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 PD..

He said contrary to the deposition of the plaintiffs, the lingering unresolved internal and external crisis both at the national level and in his constituency is the reason for his defection from the party to APC.

Gummi said the crisis resulted into a state where he could no longer represent his constituents properly and ensure that they all benefit from shared distribution of the dividends of democracy within the bounds of law, and without undue interference from anyone or anything.

You’re SACKED

Delivering the judgment , Justice Egwuatu granted all the plaintiffs’ reliefs.

In the certified true copy of the judgment sighted on Friday, Justice Egwuatu restrained the Speaker, House of Representatives, Tajudeen Abbas, from further recognising Gummi as member representing Gummi/ Bukkuyum Federal Constituency.

The court also directed the Independent National Electoral Commission, INEC to conduct fresh election to fill the vacancy foR the constituency within 30 days from the day of the judgment.

The judge condemned the attitude of some politicians who see defection as a normal culture.

“Before I take my fingers off the key board, 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.

The judge, therefore, ordered that Gummi , having defected from PDP to APC “before the expiration of the period the house was elected, automatically loses his seat as member of the House of Representatives.

He made an order restraining Gummi from further receiving monies as salaries, allowances or howsoever called in his capacity as member representing the constituency.

He also made 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 judgment.

“An order is made 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 judgment of this court,” he said.

Justice Egwuatu consequently awarded a fine of N500, 000 in favour of the plaintiffs and against the defendants.

(NAN)(www.nannews.ng)