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Delta Assembly Defends Decision To Declare Legislator’s Seat Vacant, Cites Constitutional Breach

Kelvin Ohoror by Kelvin Ohoror
July 6, 2026
in News
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The Delta State House of Assembly has dismissed allegations that its decision to declare the Udu State Constituency seat vacant was politically motivated, insisting that the action was a constitutional imperative arising from the former lawmaker’s defection from the political party on whose platform he was elected.

The House also accused the former member of prolonged absenteeism and neglect of legislative responsibilities, alleging that he missed 87 plenary sittings between June 2023 and June 2026, in addition to failing to attend committee meetings and effectively discharge his duties as chairman of the House Committee on Trade and Investment.

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The position of the House was contained in a statement issued by the Chief Press Secretary to the Speaker, Mr. Nkem Nwaeke, following claims by the former member representing Udu State Constituency that the declaration of his seat vacant amounted to political victimisation.

According to the statement, the decision was taken strictly in accordance with Section 109 (1)(g) of the constitution, which provides for the vacation of a legislative seat where a member defects from the party on whose platform he was elected before the expiration of his tenure, except in constitutionally recognised circumstances.

The statement accused the former legislator of misleading the public into believing that the declaration of his seat vacant by the House was an act of political victimisation.

It maintained that the constitutional exceptions to the defection provision apply only where the action is occasioned by a division within the political party that sponsored the member or a merger of political parties.

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It alleged that the former legislator, in his voluntary letter of resignation from the All Progressives Congress, APC, expressly stated that he was leaving the party to pursue his political aspiration in the Nigeria Democratic Congress, NDC.

The House argued that such a reason did not fall within the recognised constitutional exceptions.

“Personal political ambition or aspiration is not one of the grounds recognised by the constitution for retaining a legislative seat after abandoning the political party on whose platform the mandate was secured,” the statement said.

The House further expressed surprise that the former member, whom it described as a legal practitioner, was portraying the consequences of his decision as political persecution.

“Such a narrative is not only misleading but also an attempt to pull the wool over the eyes of the good people of Delta State, particularly the people of Udu State Constituency whom he was elected to represent,” the statement added.

Beyond the defection controversy, the House alleged that the former lawmaker had, in practical terms, become disengaged from his legislative responsibilities over a prolonged period.

It insisted that it had a constitutional responsibility to protect the sanctity of the electoral mandate and uphold the constitution without fear or favour.

“The House cannot ignore a clear constitutional breach simply because the affected member chooses to politicise the consequences of his own actions,” the statement said.

It reaffirmed the commitment of the speaker and leadership of the House to the rule of law, constitutionalism and representative democracy, stressing that decisions of the legislature were guided by the constitution, Standing Orders of the House and overriding public interest.

The House therefore, urged the public to disregard what it described as unfounded allegations of persecution, insisting that the declaration of the seat vacant was neither arbitrary nor politically motivated.

“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 Nigeria.

“The Delta State House of Assembly will continue to discharge its constitutional responsibilities with courage, fairness and fidelity to the rule of law,” the statement added.

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