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ASABA — The Delta State House of Assembly has defended its decision to declare the seat of the former member representing Udu State Constituency vacant, insisting that the action was a constitutional obligation and not an act of political persecution as alleged by the affected lawmaker.

In a statement issued on behalf of the Speaker by the Chief Press Secretary, Mr. Nkem Nwaeke, the Assembly said the declaration was made strictly in line with Section 109(1)(g) of the 1999 Constitution (as amended), which requires a legislator elected on the platform of a political party to vacate his seat upon defecting to another party, except where the defection is caused by a division within the party or a merger.

According to the statement, the former lawmaker voluntarily resigned from the All Progressives Congress (APC) and stated in his resignation letter that he was joining the Nigeria Democratic Congress (NDC) to pursue his political ambition.

The Assembly argued that personal political aspiration is not one of the constitutional exceptions that permits a legislator to retain his seat after leaving the party on whose platform he was elected.

“It is therefore surprising that he now seeks to portray the constitutional outcome of his voluntary action as persecution,” the statement said, describing the allegation as an attempt to mislead the public and the people of Udu State Constituency.

The House also accused the former member of prolonged neglect of his legislative responsibilities, saying the declaration of his seat vacant merely formalised what had become an extended disengagement from legislative duties.

According to official attendance records cited in the statement, the former lawmaker was absent from plenary sittings on 22 occasions during the First Session of the Eighth Assembly, 27 times during the Second Session, and 38 times during the Third Session.

The Assembly further alleged that he frequently failed to attend committee meetings and neglected his responsibilities as Chairman of the House Committee on Trade and Investment, thereby undermining the committee’s work.

It also faulted his absence during Governor Sheriff Oborevwori’s presentation of the 2026 Appropriation Bill before the House, describing the budget presentation as a constitutional and historic legislative event that traditionally requires the attendance of all lawmakers.

The statement said the absence without justifiable cause was contrary to parliamentary practice and amounted to an embarrassment to the dignity and institutional integrity of the House.

Defending the decision, the Assembly maintained that it had a constitutional duty to uphold the sanctity of the electoral mandate and could not overlook what it described as a clear constitutional breach.

“The declaration of his seat vacant was neither arbitrary nor politically motivated; it was a constitutional obligation imposed on the House by the supreme law of the Federal Republic of Nigeria,” the statement added.

The House reaffirmed its commitment to the rule of law, constitutionalism and representative democracy, insisting that its decisions would continue to be guided by the Constitution, the Standing Orders of the House and the public interest.