Abuja’s Court of Appeal has reinstated Federal Representative Abubakar Gummi, overturning a lower court’s decision that had declared his seat vacant following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). The appellate court ruled on Friday that the Federal High Court erred in vacating Gummi’s seat based solely on his party switch.
The three-member panel, in a unanimous judgment delivered by Justice Oyebiola Oyewumi, found that Gummi’s defection was justified by the internal crises plaguing the PDP at the national level. Gummi, who represents the Gummi/Bukkuyum Federal Constituency in Zamfara State, had left the PDP in 2024, citing an inability to effectively serve his constituents amid the party’s leadership turmoil.
The appeal successfully challenged a ruling from Justice Obiora Egwuatu of the Federal High Court, which had upheld a suit filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki. That suit sought to remove Gummi on grounds of alleged illegal defection. The Court of Appeal, however, affirmed Gummi’s constitutional right to defect given the circumstances, noting that a party’s internal division can legitimize a member’s exit without forfeiting their legislative seat.
In its judgment, the court reasoned that the prevailing crises within the PDP’s national leadership provided a lawful basis for Gummi’s move. It recognised his stated objective of finding a political platform that would enable him to represent his constituency without undue interference. Consequently, the appellate court set aside the Federal High Court’s October 30, 2025, order and awarded costs of one million naira against the PDP and Jibomagayaki in favour of the appellant.
Gummi had appealed under case number CA/ABJ/CV/1606/2025, while the original PDP suit was FHC/ABJ/CS/1803/2024. Following the verdict, Gummi reiterated that the PDP’s internal discord had rendered it dysfunctional for his legislative duties, aligning with his legal argument that the defection exception under Nigeria’s constitution applies in such scenarios.
The ruling reinforces a critical interpretation of Nigeria’s anti-defection provisions, specifically the clause that permits a legislator to switch parties if their original party is fractured. Legal observers note that this decision clarifies the threshold for what constitutes a valid “division” warranting defection, potentially impacting future political realignments in the National Assembly.
With his seat restored, Gummi is expected to resume legislative duties under the APC platform. The case highlights the ongoing legal scrutiny of party-switching by elected officials and establishes that internal party crises may constitute a legitimate exception to the constitutional prohibition against defection. The judgment also underscores the courts’ role in adjudicating political disputes where party loyalty conflicts with representative obligations.
