Legal Ruling Overturns Seat of Defected Representative
A Federal High Court in Abuja has issued a landmark ruling that has significant implications for political defections in Nigeria. The court ordered the removal of Suleiman Gummi, the representative of the Gummi/Bukkuyum Federal Constituency in Zamfara State, from his seat in the House of Representatives. This decision came as a result of Gummi’s defection from the Peoples Democratic Party (PDP) to the All-Progressives Congress (APC).
Justice Obiora Egwuatu, presiding over the case, directed the Speaker of the House of Representatives, Tajudeen Abbas, to cease recognizing Gummi as a member representing the constituency. The judge emphasized that Gummi had forfeited his seat under Section 68(1) of the Nigerian Constitution, 1999.
Implications for Political Defections
The ruling has sparked discussions about the legal and moral responsibilities of elected officials who switch parties. A lawyer involved in the case explained that this judgment could affect several other defecting officials, as the law can be applied broadly. The court further instructed the Independent National Electoral Commission (INEC) to organize a fresh election to fill the vacant seat within 30 days of the ruling.
Additionally, the judge ordered Gummi to submit evidence of the refund of his salaries and allowances to the court registry within 30 days of the judgment. The court also awarded N500,000 in favor of the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki.
The lawsuit, numbered FHC/ABJ/CS/1803/2024, was filed by the PDP and its state chairman through their lawyer, Ibrahim Bawa (SAN), against Gummi, the Speaker of the House, and INEC.
Moral and Legal Considerations
In his ruling, Justice Egwuatu highlighted the importance of loyalty to the party under which a politician was elected. He stated:
“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.”
He added:
“If a person must decamp, don’t decamp with the mandate of the electorates.”
The judge concluded that all issues were resolved in favor of the plaintiffs and against the defendants.
Impact on Other Defectors
The latest judgment has raised concerns about the survival of previous defectors from opposition parties to the ruling APC, including lawmakers and state governors. Hameed Ajibola Jimoh Esq., a legal expert, noted that the ruling applies to all political office holders who have defected.
He explained that political parties should approach the court to declare these officials no longer their candidates, as they would lose their immunity. Jimoh emphasized that it is both morally and legally wrong to gain office through one party and then switch to another.
“It is a betrayal of trust of the people; citizens should go and test the law on the remaining defecting elected officials,” he added.
Notable Defectors
Several notable figures have recently defected from the PDP to the APC, including:
- Five Enugu lawmakers: Nnolim John Nnaji (Nkanu East/Nkanu West); Anayo Onwuegbu (Aninri/Awgu/Oji River); Oke Martins (Igbo Etiti/Uzo Uwani); Obetta Mark Chidiebere (Nsukka/Igboeze South); Dennis Nnamdi Agbo (Igbo-Eze North/Udenu); Ngozi Okolie (LP, Aniocha/Oshimili); Daniel Asama (Jos North/Bassa); and Festus Olarewaju Akingbaso (Idanre/Ifedore).
- Senators like Neda Imasuen (LP, Edo South Senatorial District); Kelvin Chukwu (LP, Enugu East District); Senator Benson Agadaga (PDP, Bayelsa East); and Samaila Dahuwa Kaila (PDP, Bauchi North).
- Governors such as Eno Umo (Akwa Ibom); Sheriff Oborevwori (Delta); and Peter Mbah (Enugu).