NDC, Omo-Agege fault Delta Assembly over vacant seat declaration

The Delta State chapter of the Nigeria Democratic Congress (NDC) and former Deputy President of the Senate, Ovie Omo-Agege, have criticised the Delta State House of Assembly for declaring the seat of the member representing Udu State Constituency, Collins Egbetamah, vacant after he defected to the NDC.
Both the NDC and Omo-Agege described the Assembly’s action as unconstitutional, politically motivated, and an abuse of legislative authority. They called for the immediate reversal of the decision.
In a statement issued by the party’s State Publicity Secretary, Chief McCollins Nwose, the NDC alleged that the Assembly’s decision was aimed at intimidating opposition parties and weakening democratic governance in Delta State.
Omo-Agege also condemned the move, describing it as hasty, arbitrary, oppressive, and unlawful.
However, the Delta State House of Assembly defended its action, insisting that it acted in line with the provisions of the 1999 Constitution. The Chairman of the House Committee on Information and House Leader, Emeka Nwaobi, explained that the Assembly acted after considering the lawmaker’s resignation and defection letter.
According to him, the Constitution allows a lawmaker to retain his or her seat after defecting only when there is a division or crisis within the political party at the national level. He stated that no evidence was presented to show that such circumstances existed in this case. Therefore, the House concluded that the constitutional requirements for retaining the seat had not been met.
The NDC disagreed with the Assembly’s interpretation, arguing that the decision violated the principles of fairness, the rule of law, and constitutional democracy. The party further accused the Assembly of applying the law selectively, claiming that other lawmakers who had previously defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) were allowed to keep their seats.
The party maintained that the mandate belongs to the people of Udu State Constituency rather than any political party. It urged civil society organisations, pro-democracy groups, and other stakeholders to resist what it described as an attack on democratic values. It also pledged to pursue all lawful means to defend the mandate of its members.
Omo-Agege further argued that Section 109(1)(g) of the Constitution contains exceptions that should have been properly examined before any decision was reached. He said no legislative hearing or judicial determination was conducted to establish whether those exceptions applied.
He maintained that Egbetamah was denied his constitutional right to a fair hearing before the declaration was made, describing the process as a violation of due process and democratic principles.
According to Omo-Agege, a representative elected by the people should not lose his mandate through a hurried voice vote without being given an opportunity to defend himself. He warned that ignoring due process could encourage injustice and undermine democracy.
He also criticised the speed and manner in which the decision was taken, alleging that it reflected political intolerance and an attempt by the ruling party to discourage defections. He expressed concern that the people of Udu Constituency had been left without representation in the State House of Assembly.