Delta State Assembly Defends Decision to Declare Udu Constituency Seat Vacant

The Delta State House of Assembly has defended its recent resolution to declare the Udu State Constituency seat vacant, asserting that the action was strictly in accordance with the 1999 Constitution.

The Assembly’s response follows public criticism from former Deputy Senate President Ovie Omo-Agege regarding the removal of the lawmaker representing the constituency, Collins Egbetamah, after his defection from his original political party.

In a statement released on Wednesday by the Chief Press Secretary to the Speaker, Nkem Nwaeke, the Assembly clarified that the move was based on documentary evidence of the lawmaker’s resignation and defection. The House cited Section 109(1)(g) of the Constitution, which stipulates that an elected official must vacate their seat if they join another political party before their term expires, provided there is no recognized division within their original party.

The Assembly rejected accusations that the move was arbitrary or politically motivated. It argued that once the constitutional conditions for defection are met, the Speaker is empowered to act without requiring a prior court ruling or a legislative hearing.

According to the Assembly, the decision to declare the seat vacant is not intended to leave the people of Udu without representation, but rather to trigger a constitutional process for a by-election. The House has already directed the Clerk to notify the Independent National Electoral Commission (INEC) to begin preparations for filling the vacancy.

Addressing those who disagree with the move, the Speaker’s office stated that the Assembly is committed to the rule of law and welcomes any legal challenges to the decision. It noted that the judiciary remains the final authority for constitutional interpretation, and the House has full confidence in the court process to resolve the dispute.