A Federal High Court sitting in Abuja on Thursday, October 30, 2025, sacked a member of the House of Representatives, Hon. Abubakar Suleiman Gummi for defecting from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).
The Certified True Copy (CTC) of the judgement of the Court in the suit marked; FHC/ABJ/CS/1803/2024 that was filed by the PDP and its State Chairman, Jamilu Jibomagayaki, as 1st and 2nd plaintiffs was sighted on Friday, October 31, 2025.
In his judgement, the Court presided over by Justice Obiorah Egwuatu held that 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.
The Court further held; “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 declared in his judgement sacking Suleiman Gumi as a member of the National Assembly arising from his defection from the PDP to the APC.
Accordingly, the court ordered that Gumi, having defected from PDP to APC “before the expiration of the period the House on which he was elected, automatically loses his seat as member of the House of Representatives.
Gumi, represents Gummi/Bukkuyum Federal Constituency of Zamfara in the House of Representatives, is the first member of the National Assembly to be sacked by a court since the serial defections by members of the 10th National Assembly.
The court also specifically restrained the Speaker of the House of Representatives, Hon. Tajudeen Abbas, from further recognising Gummi as member representing Gummi/ Bukkuyum Federal Constituency.
In the same vein the court ordered 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 plaintiffs in their originating summons dated November 28, but filed on November 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 put up four questions for determination and sought nine reliefs for determination as to why Suleiman Gummi should not be sacked as a member of the National Assembly for his defection.
They specifically asked the court to determine whether having regard to the provision of Section 68 (1) (9) of the 1999 Constitution (as amended), if it was not unconstitutional for Suleiman Gumi to retain his seat as member in the House of Representatives, having defected from the PDP which sponsored him for the election to Gummi/Bukkuyum Federal Constituency to the APC, when there was no division in the party, among other questions.
One of the reliefs sought by the plaintiffs was a declaration that it was unconstitutional for the Speaker to refuse/fail to declare Gumi’s seat vacant.
In his response through his legal counsel, Suleiman Gumi, filed a notice of preliminary objection and a counter affidavit, and argued that his decampment was due to the crisis within the PDP.
Gumi further said that contrary to the deposition of the plaintiffs, the lingering unresolved internal and external crisis both at the national level and in his constituency was the reason for his defection from the PDP to APC.
He claimed that 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.
However, while delivering his judgment, Justice Egwuatu granted all the reliefs sought by the plaintiffs and sacked Gummi from the National Assembly over his defection.
While condemning the attitude of some politicians who see defection as a normal culture, Justice Egwuatu said; “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”.
Justice Egwuatu further granted an order restraining Gumi from further receiving monies as salaries, allowances or howsoever called in his capacity as member representing the constituency.
The court also directed Gumi to refund to the Federal Government all monies collected as salaries, allowances or howsoever called as a member representing the constituency from October 30, 2024 to the date of judgment.
The court declared; “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”.
The Court also awarded a fine of N500, 000 against Suleiman Gumi in favour of the plaintiffs for the defection.
