The Court of Appeal sitting in Abuja has overturned a Federal High Court judgment that removed Abubakar Gummi, a member of the House of Representatives representing Gummi/Bukkuyum Federal Constituency of Zamfara State, following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a unanimous judgment delivered on Friday, a three-member panel of the appellate court held that the lower court erred in nullifying the lawmaker’s mandate.
Justice Oyebiola Oyewumi, who read the lead judgment, ruled that a political party member has the right to leave a party, particularly when internal crises hinder the ability to effectively represent constituents.
The ruling overturned an earlier decision by Justice Obiora Egwuatu of the Federal High Court in Abuja, who on October 30, 2025, declared Gummi’s seat vacant after he defected from the PDP to the APC.
The suit was filed by the PDP and its Zamfara State Chairman, Jamilu Jibomagayaki, who argued that Gummi had abandoned the party under whose platform he was elected and should therefore lose his seat.
However, the appellate court disagreed with the lower court’s position, affirming that legislators can seek alternative political platforms if their party’s internal crisis obstructs their ability to perform legislative duties.
The court subsequently allowed Gummi’s appeal (CA/ABJ/CV/1606/2025) and awarded ₦1 million in costs against the PDP and Jibomagayaki in favour of the lawmaker.
Reacting to the judgment, Gummi maintained that the persistent leadership crisis within the PDP made it difficult for him to effectively serve his constituents.
“The persistent crisis within the PDP created an environment that hindered me from adequately representing my constituents or ensuring equitable distribution of democratic dividends within the bounds of the law,” he said.
