Delta Assembly Insists Udu Seat Declaration Was Constitutional, Not Political

Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.

The Delta State House of Assembly has defended its decision to declare the Udu State Constituency seat vacant, insisting that the action was based strictly on constitutional provisions and not politically motivated. The declaration followed the defection of the lawmaker representing the constituency, Hon. Collins Egbetamah, from the All Progressives Congress (APC) to the Nigeria Democratic Congress (NDC).

The decision was taken during a plenary session on Tuesday, June 30, 2026, presided over by the Speaker, Rt. Hon. Emomotimi Dennis Guwor. The Speaker declared the seat vacant in line with Section 109(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, as amended. He directed the Clerk of the House to communicate the resolution to the Independent National Electoral Commission (INEC) and requested the commission to conduct a by-election to fill the vacancy in accordance with Section 116(2) of the Constitution.

The motion declaring the seat vacant was moved by the Majority Leader, Hon. Emeka Nwaobi, and seconded by the Deputy Speaker, Rt. Hon. Arthur Akpowowo. It received unanimous support from lawmakers. Presenting the motion, Nwaobi noted that documentary evidence before the House confirmed Egbetamah's defection from the APC to the NDC while still serving as a member of the Assembly. He cited Section 109(1)(g), which provides that a member shall vacate his seat if, having been elected on the platform of one political party, he becomes a member of another party before the expiration of his tenure, except as expressly provided by the Constitution.

'We Acted Within the Law'

Speaking after the plenary, Nwaobi, who is also the Chairman of the House Committee on Information, defended the Assembly's action. He said the lawmakers acted within the powers granted to them by law after carefully reviewing the resignation and defection letter submitted by Egbetamah. "The House merely carried out its constitutional responsibility after considering the resignation and defection letter submitted by the lawmaker representing Udu Constituency," Nwaobi stated.

He explained that the Nigerian Constitution clearly spells out the conditions under which an elected lawmaker can leave the political party under which he or she was elected without forfeiting the seat. He noted that the Constitution only permits such defection where there is a proven division or internal crisis within the political party at the national level. According to him, no evidence was presented before the Assembly to establish that the lawmaker's defection fell within that constitutional exception.

"The Delta State House of Assembly is guided solely by the Constitution of the Federal Republic of Nigeria. Every action taken by the House is rooted in the law, and nothing is done outside the provisions of the Constitution," Nwaobi said. He stressed that the Assembly's resolution should not be interpreted as an act of political witch-hunt or vendetta, but rather as a constitutional duty to preserve legislative order and uphold democratic principles. He urged members of the public to properly study the relevant constitutional provisions before drawing conclusions about the Assembly's action.

Omo-Agege Condemns Decision

However, the decision has drawn sharp criticism from former Deputy Senate President, Senator Ovie Omo-Agege, who is the NDC candidate for the Delta Central Senatorial District in the 2027 election. Omo-Agege condemned the removal, describing it as unconstitutional and politically motivated.

In a statement issued on Wednesday, July 1, 2026, Omo-Agege faulted the Assembly's decision, insisting it violated constitutional provisions and denied the elected representative the fundamental right to defend himself before losing office. "I condemn in the strongest terms the reported decision of the Delta House of Assembly to remove Egbetamah, the duly elected representative of Udu State Constituency, without a fair hearing. This is not constitutional housekeeping. It is a hasty, arbitrary, oppressive, and illegal act intended to achieve a political objective that disparages and injures the people of Udu, the wider Urhobo nation, and Delta," he said.

Addressing the constitutional provision cited by lawmakers, Omo-Agege argued that Section 109(1)(g) does not automatically apply where defection results from internal divisions within a political party under constitutional exceptions. "The house relies on Section 109(1)(g) as if it admits of no exception. The Constitution provides an exception where a defection arises from a division in the original party. That question of fact was never examined in any legislative hearing. There was also no judicial determination. The matter was rushed because a process grounded in the constitutional right to a fair hearing would not have produced the house's predetermined outcome," he argued.

Omo-Agege maintained that the mandate freely given by voters could not be withdrawn through a hurried legislative process without observing due process and constitutional safeguards protecting elected representatives. "A mandate freely given by the people of Udu cannot be extinguished in a single sitting by voice vote. That is disturbing, disrespectful, and unacceptable. It was not the intendment of the framers of our Constitution. We are not a Banana Republic," he declared.

The former deputy Senate president recalled his previous legal victory over a similar political challenge, saying that he could not accept its recurrence in the polity no matter who is involved. He pointed out that Egbetamah is entitled to be heard before his seat could be declared vacant. "He was denied that right, and that is a fundamental breach of our constitutional order. Where due process is bypassed, tyranny and injustice prevail," he said.

The declaration of the Udu seat vacant has once again highlighted the contentious nature of defection and the interpretation of constitutional provisions governing legislative seats. While the Delta Assembly maintains it acted within the law, critics argue that the process was rushed and failed to consider the constitutional exception for defections arising from internal party divisions.

Egbetamah, in his resignation letter dated June 19, 2026, informed the House that he had resigned from the APC on April 30, 2026, to further his political aspirations. He commended the APC and its stakeholders for their support during his time in the party. The Assembly has since directed the Clerk to transmit its resolution to INEC, which is expected to conduct a by-election to fill the vacancy in accordance with constitutional provisions.

As the debate continues, the Delta State House of Assembly has reaffirmed its commitment to constitutional democracy, legislative integrity, and the rule of law, while critics have vowed to challenge the decision through legal means.

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