Delta Assembly Defends Udu Seat Declaration As Constitutional Duty
Delta Assembly Defends Vacant Seat Declaration, Cites Constitutional Provisions
Speaker’s Office Rejects Allegations of Political Victimisation
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 based strictly on constitutional provisions and not political considerations.
In a statement issued by the Chief Press Secretary to the Speaker, Mr. Nkem Nwaeke, the Assembly dismissed claims by the former lawmaker that he was a victim of political persecution, maintaining that the House merely discharged its constitutional responsibility after his defection from the political party under which he was elected.
According to the statement, the decision reflected the Assembly’s obligation to uphold constitutional principles governing legislative representation and party affiliation.
Assembly Cites Constitutional Basis for Decision
The Speaker’s Office explained that the declaration was made pursuant to Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which provides that a member of a State House of Assembly shall vacate his or her seat upon defecting from the political party that sponsored the election before the expiration of the legislative term, except in cases involving a division within the party or a merger of political parties.
According to the Assembly, the former legislator voluntarily notified the House of his resignation from the All Progressives Congress (APC) to join the Nigeria Democratic Congress (NDC) in pursuit of his political ambition.
The statement argued that such a decision did not fall within the constitutional exceptions that permit a legislator to retain a seat after changing political parties.
Attendance Record Also Highlighted
Beyond the issue of party defection, the Speaker’s Office alleged that the former lawmaker had been largely absent from legislative activities over an extended period.
According to attendance records released by the Assembly, the former member reportedly missed 22 plenary sittings during the First Session (June 2023 to June 2024), 27 sittings during the Second Session (June 2024 to June 2025), and 38 sittings during the Third Session (June 2025 to June 2026).
The Assembly also alleged that the former legislator failed to attend committee meetings and neglected his responsibilities as Chairman of the House Committee on Trade and Investment, affecting the committee’s effectiveness.
Absence During Budget Presentation Referenced
The statement further noted that the former lawmaker was absent during Governor Sheriff Oborevwori’s presentation of the 2026 Appropriation Bill before the House.
According to the Speaker’s Office, attendance at such constitutional proceedings is regarded as a fundamental legislative responsibility, and the absence was without sufficient justification.
The Assembly maintained that such conduct fell short of established parliamentary expectations.
Commitment to Rule of Law Reaffirmed
Reaffirming its position, the Speaker’s Office stressed that the declaration of the vacant seat was neither arbitrary nor politically motivated but a constitutional obligation imposed on the legislature.
It added that the leadership of the Delta State House of Assembly remains committed to upholding the Constitution, the Standing Orders of the House, the rule of law and representative democracy in the discharge of its legislative responsibilities.
