ASABA/Nigeria: 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 rather than an act of political victimisation as alleged by the affected lawmaker.
The development has added a fresh dimension to the political debate surrounding party defections in Delta State, with the Assembly maintaining that elected legislators who voluntarily leave the political parties on whose platforms they secured their mandates must comply with the provisions of the Constitution.
In a statement issued on behalf of the Speaker of the Delta State House of Assembly, Rt. Hon. Emomotimi Dennis Guwor, the Chief Press Secretary, Nkem Nwaeke, said the House acted strictly in line with the provisions of the 1999 Constitution (as amended).
According to the statement, Section 109(1)(g) of the Constitution requires a member of a State House of Assembly to vacate his or her seat upon joining another political party before the expiration of the legislative tenure, except where the defection is caused by a division within the sponsoring political party or by a merger of political parties.
The Assembly maintained that the former lawmaker voluntarily resigned his membership of the All Progressives Congress (APC) and, in his resignation letter, stated that he was leaving the party to pursue his political ambition in the Nigeria Democratic Congress (NDC).
It argued that pursuing a personal political aspiration does not fall within the constitutional exceptions that permit a legislator to retain a seat after defecting from the political party under which he was elected.
The statement described attempts to portray the declaration of the seat as political persecution as misleading, insisting that the legal consequences arose from the former legislator’s own decision to change political parties.
Beyond the issue of defection, the Assembly also alleged that the former member had failed to adequately discharge his legislative responsibilities since the inauguration of the Eighth Delta State House of Assembly.
According to the House, official attendance records indicate that the former lawmaker was absent from 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 further alleged that he frequently failed to attend committee meetings and neglected his responsibilities as Chairman of the House Committee on Trade and Investment.
It also claimed that the former legislator was absent during Governor Rt. Hon. Sheriff Oborevwori’s presentation of the 2026 Appropriation Bill before the House, describing the budget presentation as one of the most important constitutional proceedings requiring the attendance of all members.
According to the statement, the declaration of the seat vacant was intended to uphold the sanctity of the electoral mandate and preserve constitutional order rather than serve any political interest.
“The Delta State House of Assembly owes a constitutional duty 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 read.
The Assembly reiterated that its decisions are guided by the Constitution, the Standing Orders of the House and the principles of representative democracy, urging members of the public to disregard allegations that the former lawmaker was unfairly targeted.
It maintained that the declaration of the seat vacant was neither arbitrary nor politically motivated but was carried out in compliance with the provisions of the Constitution.
