The Abuja Division of the Federal High Court has sacked Rep Abubakar Gummi for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Mr Gummi represents the Gummi/Bukkuyum Federal Constituency of Zamfara in the House of Representatives.
Justice Obiora Egwuatu, in a judgment, restrained the speaker of the House of Representatives, Tajudeen Abbas. Mr Abbas is not to further recognize Mr Gummi as a member representing the Gummi/Bukkuyum Federal Constituency.
Mr Egwuatu also made an order directing 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 judgment.
The judgment was delivered on Thursday, and the certified true copy was sighted on Friday.
Case Details
The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its state chairman, Jamilu Jibomagayaki. They are the first and second plaintiffs.
The duo, in the originating summons dated November 28 but filed on November 29, 2024, by Ibrahim Bawa (SAN), had sued Mr Gummi, Mr Abbas, and INEC. They were the first to third defendants, respectively.
The plaintiffs had set out four questions for determination and sought nine reliefs.
They asked whether, having regard to the provision of Section 68 (1) (9) of the 1999 Constitution (as amended), it was not unconstitutional for Mr Gunmi to retain his seat as a member in the House.
They said he defected from the PDP, which had sponsored him for the election, to the APC when there was no division in the party. These were among other questions.
One of the reliefs sought was a declaration that it was unconstitutional for the speaker to refuse/fail to declare Mr Gummi’s seat vacant.
Mr 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 PDP.
He stated that, contrary to the plaintiffs’ deposition, there were lingering unresolved internal and external crises both at the national level and in his constituency. These were the reasons for his defection from the party to the APC.
Mr Gummi said the crisis had resulted in a state where he could no longer represent his constituents properly. He wanted to ensure that they all benefited from the shared distribution of democracy’s dividends within the bounds of the law and without undue interference from anyone or anything.
Ruling
Delivering the judgment, Justice Egwuatu granted all the plaintiffs’ reliefs and condemned the attitude of some politicians. Some see defection as a normal culture.
“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 whose platform he or she was elected into office and move to a rival party without relinquishing the mandate of his or her former party.
“A politician has no such right 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 electorate.
“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 Mr Gummi, having defected from PDP to APC “before the expiration of the period the House was elected, automatically loses his seat as a member of the House of Representatives.”
He made an order restraining Mr Gummi from further receiving monies as salaries, allowances, or howsoever called in his capacity as a House member.
He also made an order directing the lawmaker to refund to the federal government all monies collected as salaries, allowances, or howsoever called from October 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)
