The Federal High Court in Abuja has sacked Rep Abubakar Gumi, for defecting from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).
Gumi, represents Gummi/Bukkuyum Federal Constituency of Zamfara within the House of Representatives,
Justice Obiora Egwuatu, in a judgment, restrained the Speaker, House of Representatives, Tajudeen Abbas, from additional recognising Gumi as member representing Gummi/ Bukkuyum Federal Constituency.
Justice Egwuatu additionally made an order directing the Independent National Electoral Commission. (INEC) to conduct recent election to fill the emptiness for the constituency inside 30 days from the day of the judgment.
The News Agency of Nigeria (NAN) studies that although the judgement was delivered on Thursday, the licensed true copy was sighted on Friday, October 31.
The go well with, marked: FHC/ABJ/CS/1803/2024, was filed by the PDP and its state’s Chairman, Jamilu Jibomagayaki, as 1st and 2nd plaintiffs.
The duo, within the originating summons dated Nov. 28 however filed Nov. 29, 2024, by Ibrahim Bawa, SAN, had sued Hon Abubakar Suleiman Gumi; Speaker of the House of Representatives and INEC as 1st to third defendants respectively.
The plaintiffs had set out 4 questions for dedication and sought 9 reliefs for dedication.
They requested whether or not having regard to the availability of Section 68 (1) (9) of the 1999 Constitution (as amended), it was not unconstitutional for Gumi to retain his seat as member in the home.
They mentioned he defected from PDP which sponsored him for the election to Gummi/Bukkuyum Federal Constituency to APC, when there was no division within the celebration, amongst different questions.
One of the reliefs sought was a declaration that it was unconstitutional for the speaker to refuse/fail to declare Gumi’s seat vacant.
Gumi, in his response by means of his lawyer, filed a discover of preliminary objection and a counter affidavit.
The lawmaker, in his argument, argued that his decampment was as a result of disaster throughout the PDP.
He mentioned opposite to the deposition of the plaintiffs, the lingering unresolved inner and exterior disaster each on the nationwide stage and in his constituency is the rationale for his defection from the celebration to APC.
Gumi mentioned the disaster resulted right into a state the place he might now not symbolize his constituents correctly and be certain that all of them profit from shared distribution of the dividends of democracy throughout the bounds of legislation, and with out undue interference from anybody or something.
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Delivering the judgment , Justice Egwuatu granted all of the plaintiffs’ reliefs.
The choose condemned the perspective of some politicians who see defection as a traditional tradition.
“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 mentioned.
The choose, due to this fact, ordered that Gumi , 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 Gumi 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 mentioned.
Justice Egwuatu consequently awarded a tremendous of ₦500, 000 in favour of the plaintiffs and towards the defendants.
(NAN)
