Federal High Court Abuja has sacked member representing Gummi-Bukkuyum Federal Constituency of Zamfara State, in the House of Representatives, Abubakar Gummi, for defecting from the Peoples Democratic Party, PDP to the All Progressives Congress, APC.
Trial judge, Justice Obiora Egwuatu in his judgement, also made an order directing the Independent National Electoral Commission, INEC to conduct a fresh election to fill the vacant seat for the constituency within 30 days from the day of the judgement.
The court while condemning the attitude of some politicians who see defection as a normal culture, urged them to respect the decision of their constituents, as a situation where the electorate 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.
The trial 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.
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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 October 30, 2024 to the date of judgement, and the evidence of the refund of all monies be filed in the registry of this court within 30 days of the judgement of this court.
Justice Egwuatu consequently awarded a fine of N500,000 in favour of the plaintiffs and against the defendants.
This judgement followed a suit filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, in November 29, 2024, suing Abubakar Gummi, Speaker of the House of Representatives and INEC.
In the originating summons, 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 a member in the House.
Among others, they noted that 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.
In his response Gummi, argued that his defection was due to the crisis within the PDP, noting that, 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.
(Editor: Terverr Tyav)
