The court emphasized that the legislative seat belongs to the political party that sponsored the election, not the individual lawmaker. Consequently, the Speaker of the House of Representatives, Tajudeen Abbas, has been barred from recognizing Gummi as the representative of his constituency. The judge further directed the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 30 days.
The legal action was initiated by the PDP and its Zamfara State chairman, who argued that Gummi’s defection lacked legal justification. They maintained that there was no internal division or crisis in the PDP—conditions required under Section 68(1)(g) of the Constitution to validate a lawmaker’s defection.
Gummi, through his legal team, defended his decision by citing internal party crises, which he claimed hindered his ability to effectively serve his constituents. However, Justice Egwuatu dismissed these arguments, stating that the evidence presented did not meet the constitutional threshold for defection. The court granted all reliefs sought by the PDP, including an order for Gummi to refund all salaries and allowances received from October 30, 2024, until the judgment date. He is also prohibited from receiving any further benefits as a member of the House.
In a stern rebuke, Justice Egwuatu condemned what he termed “reckless party hopping” by politicians, warning that such actions undermine democratic principles. “Political prostitution must not be rewarded,” he declared, stressing that lawmakers cannot transfer votes secured under one party’s banner to another. The court also imposed a N500,000 cost against Gummi and his legal team in favor of the PDP.
This ruling reinforces the judiciary’s stance on party defections and sets a precedent for similar cases, emphasizing accountability and adherence to constitutional provisions in Nigeria’s political landscape.