The Abuja Division of the Court of Appeal on Friday nullified the October 30, 2025 judgment of the Federal High Court in Abuja which had removed a member of the House of Representatives of Nigeria, Abubakar Suleiman Gummi, from office.
In a unanimous decision delivered by a three-member panel, the appellate court ruled that the lower court erred in declaring the lawmaker’s seat vacant on the grounds that he defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Obiora Egwuatu of the Federal High Court had earlier ruled that Gummi forfeited his seat in the National Assembly after leaving the PDP, the platform under which he was elected to represent the Gummi/Bukkuyum Federal Constituency of Zamfara State.
However, the appellate court held that the decision of the lower court was flawed and not supported by the constitutional provisions guiding political defections by lawmakers.
In its judgment, the court noted that the law allows a legislator to defect from one political party to another without losing his seat if such action is motivated by internal divisions or crises within the party that sponsored the candidate during the election.
The panel observed that evidence presented before the court indicated that the PDP was experiencing internal leadership challenges at the national level at the time Gummi left the party.
According to the court, the existence of factional disputes and leadership instability within the PDP provided a legal basis for the lawmaker’s decision to join the APC.
The court consequently set aside the earlier ruling of the Federal High Court and affirmed Gummi’s continued membership of the House of Representatives.
Gummi, who represents the Gummi/Bukkuyum Federal Constituency of Zamfara State, had earlier explained that his defection was prompted by what he described as persistent leadership crises within the PDP, particularly at the national level.
The appellate court’s ruling effectively restores his position in the lower chamber of the National Assembly and brings an end, at least for now, to the legal dispute surrounding his political move.
The judgment is also expected to contribute to ongoing legal discussions regarding the constitutional provisions governing party defections by elected lawmakers in Nigeria.
