NDC, Delta Assembly Clash Over Egbetamah’s Defection As Legal Battle Looms
NDC, Delta Assembly Trade Constitutional Arguments Over Udu Assembly Seat
Assembly Declares Seat Vacant After Defection
A constitutional dispute has emerged between the Nigeria Democratic Congress (NDC) and the Delta State House of Assembly following the declaration of the Udu State Constituency seat vacant after Hon. Collins Egbetamah defected from the All Progressives Congress (APC) to the NDC.
The disagreement has opened a fresh legal and political contest over the interpretation of constitutional provisions governing party defections by elected lawmakers, with both sides insisting that their positions are firmly grounded in law.
The controversy centres on Section 109(1)(g) of the 1999 Constitution (as amended), which provides that a member of a State House of Assembly who defects from the political party under whose platform he was elected shall vacate his seat unless the defection results from a division within the party or from a merger involving the sponsoring political party.
NDC Rejects Vacancy Declaration
The NDC has condemned the Assembly’s decision, describing it as unconstitutional and an infringement on Egbetamah’s right to freedom of association.
In a statement issued by its National Publicity Secretary, Osa Director, the party argued that the lawmaker should continue to represent Udu Constituency despite his defection, pending judicial determination of the matter.
According to the party, Egbetamah became politically disadvantaged following the realignment that saw Governor Sheriff Oborevwori and several former Peoples Democratic Party (PDP) members join the APC.
The NDC further alleged that the lawmaker was denied salaries and other entitlements before resigning from the APC on April 30, 2026, to pursue his political career on the platform of the NDC.
The party also urged the Independent National Electoral Commission (INEC) not to act on the Assembly’s resolution, maintaining that it would seek judicial intervention to challenge the declaration.
Assembly Insists Action Was Constitutional
Responding to the allegations, the Office of the Speaker of the Delta State House of Assembly maintained that the House merely fulfilled its constitutional responsibility.
According to the Assembly, Egbetamah voluntarily resigned from the APC and clearly stated in his resignation letter that he left the party to pursue political ambition under the NDC.
The Assembly argued that personal political ambition is not among the constitutional exceptions that allow a legislator to retain a seat after changing political parties.
It maintained that only a recognised division within the sponsoring party or a merger qualifies under Section 109(1)(g), making the declaration of vacancy mandatory once those conditions are absent.
Attendance Records Also Raised
Beyond the constitutional issue, the Assembly accused the former lawmaker of failing to discharge his legislative responsibilities effectively.
Official records released by the Speaker’s office alleged that Egbetamah missed numerous plenary sittings across three legislative sessions and frequently failed to attend committee meetings despite serving as Chairman of the House Committee on Trade and Investment.
The Assembly also cited his absence during the presentation of the 2026 Appropriation Bill as inconsistent with parliamentary expectations.
Matter Likely Headed for Judicial Determination
While the NDC insists the declaration violates constitutional rights and plans to seek legal redress, the Delta State House of Assembly has reaffirmed that its action was neither arbitrary nor politically motivated.
With both parties standing firmly by their interpretations of the Constitution, the dispute is expected to move before the courts, where the legality of the Assembly’s decision and the constitutional implications of Egbetamah’s defection are likely to be tested.
