Banner Online News

By Our Reporter

The Delta State House of Assembly has pushed back against criticism from Senator Ovie Omo-Agege over its decision to declare the Udu Constituency seat vacant, insisting the move was strictly constitutional and not politically motivated.

In a statement issued on Thursday, the Speaker’s office reaffirmed that the resolution was reached “after due consideration of documentary evidence” and in “strict compliance” with Section 109(1)(g) and (2) of the Nigerian Constitution . The Assembly said it acted on the lawmaker’s own resignation and defection documents .

The statement comes after Senator Omo-Agege, the Nigeria Democratic Congress (NDC) candidate for Delta Central in 2027, condemned the action as “hasty, arbitrary, oppressive, and illegal” . The Assembly rejected this characterization, stating that such remarks “do not reflect the facts or the spirit of the Constitution” .

Constitutional Basis and Due Process

The Assembly argued that the Constitution does not require a judicial hearing before a seat is declared vacant once the factual conditions are met . Section 109(1)(g) states that a member must vacate their seat if they defect to another party before their tenure ends, barring a division in their original party .

The House noted that the member, Hon. Collins Egbetamah, had resigned from the APC on April 30, 2026, and joined the NDC, with his resignation letter read during plenary . The Assembly maintains there was no evidence before it to suggest the defection met the constitutional exception .

Defending the Decision

The Speaker’s office also addressed concerns about denying Udu representation. It argued that its directive to the Clerk to notify INEC and request a by-election was precisely to “ensure that Udu is not left unrepresented” .

The statement concluded by reaffirming the House’s commitment to the rule of law, stating it would “continue to discharge its duties without fear or favour” and that it welcomes judicial review of its action.

The DTHA press reads in full:

DELTA ASSEMBLY ACTED WITHIN CONSTITUTION IN UDU SEAT DECLARATION — OFFICE OF THE SPEAKER

The Office of the Speaker, Delta State House of Assembly, has taken note of the statement issued on July 1, 2026 by His Excellency, Senator Ovie Omo-Agege, CFR, regarding the declaration of the Udu Constituency seat vacant.

The Delta State House of Assembly remains a responsible institution committed to the rule of law, constitutional democracy, and legislative due process.

The resolution on the Udu seat was reached after due consideration of documentary evidence before the House, in strict compliance with Section 109(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria, as altered.

For clarity, Section 109(1)(g) 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 where there is a division in that party.

The Constitution places the responsibility to give effect to this provision on the Speaker, upon being satisfied with evidence presented, as stipulated in Section 109(2).

The House, as a legislative body, acted on the documentary evidence of resignation and defection submitted by the Honourable Member himself.

The Constitution does not require a judicial determination or a legislative hearing before the Speaker gives effect to Section 109(2) once the factual condition is met and no constitutional exception is established.

The Assembly respects the right of every citizen, including His Excellency Senator Ovie Omo-Agege, to express opinions on matters of public interest.

However, remarks such as “arbitrary, oppressive, and illegal” do not reflect the facts or the spirit of the Constitution that the House swore to uphold.

The people of Udu Constituency remain central to the House’s concern.

The resolution directing the Clerk to communicate with INEC is in fact to ensure that Udu is not left unrepresented.

A by-election, as provided by Section 116(2) of the Constitution, is the constitutional pathway to restoring representation.

Should any party feel aggrieved, the courts remain the ultimate arbiter of constitutional interpretation.

The Delta State House of Assembly has full confidence in the judiciary and welcomes judicial review of its action.

The House will continue to discharge its duties without fear or favour, guided only by the Constitution and the interest of Deltans.

Signed:
Nkem Nwaeke
Chief Press Secretary to the Speaker, Delta State House of Assembly