After Abubakar Gummi defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), the Federal High Court in Abuja removed him from his position in the House of Representatives.
The Gummi/Bukkuyum Federal Constituency in Zamfara is represented in the House of Representatives by Gummi, according to NAN.
As part of her ruling, Justice Obiora Egwuatu barred Tajudeen Abbas, the Speaker of the House of Representatives, from officially recognizing Gummi as the representative for the Gummi/Bukkuyum Federal Constituency.
Additionally, within 30 days of the judgment day, Justice Egwuatu ordered the Independent National Electoral Commission (iNEC) to hold new elections to fill the vacant seat in the constituency.
A certified true copy was observed today, even though the verdict was handed yesterday.
Jamilu Jibomagayaki, the state chair of the PDP, and the party itself filed the lawsuit, with the case number: FHC/ABJ/CS/1803/2024.
In the original summons, which was filed by Ibrahim Bawa, SAN on November 29, 2024, the two individuals had sued Hon. Abubakar Suleiman Gummi, Speaker of the House of Representatives, and INEC, respectively, as the first and third defendants.
In their request for a ruling, the plaintiffs had posed four queries and nine reliefs.
Seen through the lens of Section 68 (1) (9) of the 1999 Constitution (as modified), they sought clarification as to whether or not Gummies’ continued membership in the house did not violate the constitution.
They questioned, among other things, why he switched allegiances from the PDP—the party that had backed him in his bid for the Gummi/Bukkuyum Federal Constituency—to the APC.
The plaintiffs wanted the speaker to be held legally liable for failing to declare Gummi’s seat empty, among other reliefs.
A notice of preliminary objection and a counter affidavit were filed by Gummi’s counsel in response.
An internal PDP issue, the legislator said in his argument, was the reason for his decampment.
He denied that the plaintiffs’ claims that he defected to the APC were true and instead blamed the party’s failure to address the ongoing internal and foreign crises in his constituency and the country as a whole.
According to Gummi, the crisis rendered him unable to adequately represent his constituents and guarantee that they all share in the fruits of democracy within the legal framework, free from excessive interference.
Justice Egwuatu granted all of the plaintiffs’ reliefs when he delivered the verdict.
The judge’s stance was critical of politicians who accept betrayal as par for the course.
Before I let go of the keyboard, I’d want to add that elected officials have an obligation to honor the will of the people who put them in office.
It would be unethical and illegal for a politician to take up residence in a different political party without renouncing the support of the party that elected them, especially in cases where voters have chosen candidates and parties based on the platform and popularity of those parties.
If you must abandon ship, don’t abandon ship against the will of the people.
Don’t give one party the support that one party’s platform received.
“No politician has the authority to move votes from one party to another.
As a kind of punishment, the law should revoke the privileges that the electorate has granted the decampee politician.
And that is precisely what the Constitution’s Section 68 (1) (g) has accomplished.
Rewarding political prostitutes is unacceptable.
It was Justice Egwuatu’s decision to rule in favor of the plaintiffs and against the defendants, he stated.
Because Gummi switched parties from the PDP to the APC “before the expiration of the period the House was elected,” the judge ruled that he would immediately resign from his position in the House.
He issued a restraining order barring Gummi from collecting any more funds in his role as the constituency’s representative.
Additionally, he issued a revocation order requiring the legislator to return to the federal government any and all funds received as salary, allowance, or otherwise from October 30, 2024, until the date of judgment.
“The evidence of the refund of all monies collected as salaries, allowances or however else may be referred to must be filed in the registry of this court within 30 days of the judgment of this court,” he stated.
So, Justice Egwuatu found in favor of the plaintiffs and penalized the defendants with a fine of N500,000.
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