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Former Deputy President of the Senate, Senator Ovie Omo-Agege, has launched a blistering attack on the Delta State House of Assembly over its declaration of the seat of Udu State lawmaker, Hon. Collins Egbetamah, vacant, describing the action as an unconstitutional power play driven by political intolerance and fear of opposition defections.

In a strongly-worded statement issued on Wednesday, Omo-Agege accused the Assembly of trampling on democratic principles, denying Egbetamah fair hearing and disenfranchising the people of Udu through what he called a “hasty, arbitrary, oppressive and illegal” decision.

The former Senate Deputy President said the Assembly’s action was not rooted in constitutional compliance but was instead a calculated attempt to achieve a predetermined political objective.

“This was not constitutional housekeeping. It was 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 State,” he declared.

Omo-Agege took particular exception to the Assembly’s reliance on Section 109(1)(g) of the Constitution, arguing that lawmakers deliberately ignored constitutional safeguards and exceptions that could invalidate the declaration.

According to him, the Constitution clearly provides exceptions where a lawmaker defects as a result of divisions within his political party, insisting that no effort was made to examine the circumstances surrounding Egbetamah’s defection before the Assembly moved against him.

“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 said.

In one of the strongest remarks contained in the statement, Omo-Agege warned that democracy was in danger when elected representatives could be removed without due process.

“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 stated.

The former Delta Central senator said Egbetamah was denied the fundamental right to defend himself before the declaration was made, describing the development as a dangerous assault on constitutional order.

“Hon. 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.

Drawing from his own political experience, Omo-Agege recalled how a similar attempt was once made to remove him from office as a senator, noting that the courts eventually protected the mandate given to him by the electorate.

He vowed not to remain silent in the face of what he described as a repeat of the same injustice.

The APC chieftain further alleged that the speed and unanimity with which the Assembly acted exposed what he called the ruling party’s desperation to stop defections and weaken opposition voices in Delta State.

“The haste, the shameful unanimity, and the timing betray the intent. This is a threat from a ruling party so afraid of defections that it resorts to arbitrary, extra-constitutional, and oppressive measures to survive. That strategy will fail in time,” he said.

Omo-Agege maintained that the real victims of the Assembly’s action were the people of Udu Local Government Area who, according to him, had been stripped of representation in the state legislature.

He argued that Egbetamah’s only offence was refusing to abandon his political convictions despite what he described as years of persecution within the Assembly because of his affiliation with the All Progressives Congress (APC).

“Hon. Egbetamah’s offence was to stand on principle and defend the values of Urhobo republicanism. Every legislator in Nigeria is entitled to choose the political party with which to associate, subject only to the limits set by the Constitution.

“The people of Udu Local Government Area cannot be cowed by it. They elected a representative, and they now stand without one,” he said.

The former Senate Deputy President called on the Delta State House of Assembly to immediately reverse the declaration and restore Egbetamah’s mandate, warning that failure to do so could further erode public confidence in democratic institutions.

He also urged the judiciary to intervene expeditiously should the matter be taken before the courts.

“I call on the Delta State House of Assembly to reverse this declaration and accord Hon. Egbetamah the fair hearing he was denied. Should the courts be invited to intervene, I urge them to act with urgency so that Udu State Constituency is not left without representation on the strength of this arbitrary, oppressive, and premeditated decision,” Omo-Agege said.

The latest intervention has further heightened the controversy surrounding Egbetamah’s removal, setting the stage for what could become a major political and legal battle in Delta State.

Below is full text of Senator Omo-Agege’s statement:

1st July, 2026

STATEMENT BY SENATOR OVIE OMO-AGEGE, CFR
ON THE PURPORTED DECLARATION OF THE UDU STATE CONSTITUENCY SEAT VACANT

I condemn in the strongest terms the reported decision of the Delta State House of Assembly to remove Hon. Collins Egbetamah, the duly elected representative of Udu State Constituency, without a fair hearing. This was not constitutional housekeeping. It was 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 State.

On the law: 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.

On due process: 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.

Hon. Egbetamah was 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. A similar attempt was once made against me as a Senator representing Delta Central Senatorial District, but it was defeated through the integrity and independence of the judiciary. I cannot therefore accept its recurrence in our polity, no matter who directs it.

On motive: The haste, the shameful unanimity, and the timing betray the intent. This is a threat from a ruling party so afraid of defections that it resorts to arbitrary, extra-constitutional, and oppressive measures to survive. That strategy will fail in time. The people of Udu Local Government Area cannot be cowed by it. They elected a representative, and they now stand without one because he chose to do more for his people after enduring three years of sustained oppression in the House for the sole reason of being an APC member I helped to elect. Hon. Egbetamah’s offence was to stand on principle and defend the values of Urhobo republicanism.

Every legislator in Nigeria is entitled to choose the political party with which to associate, subject only to the limits set by the Constitution. No more, no less.

I call on the Delta State House of Assembly to reverse this declaration and accord Hon. Egbetamah the fair hearing he was denied. Should the courts be invited to intervene, I urge them to act with urgency so that Udu State Constituency is not left without representation on the strength of this arbitrary, oppressive, and premeditated decision.

Signed:
His Excellency, Senator Ovie Omo-Agege, CFR, KSJI
Deputy President of the 9th Senate and The Obarisi of Urhoboland