The Delta State House of Assembly has defended its decision to declare the seat of the member representing Udu State Constituency vacant, insisting that the action was a constitutional obligation rather than an act of political persecution.
The position of the House was conveyed in a statement by the Chief Press Secretary to the Honourable Speaker, Mr. Nkem Nwaeke, who dismissed allegations that the former lawmaker was unfairly targeted, describing such claims as misleading and inconsistent with the facts surrounding the case.
According to the statement, the Assembly acted in strict compliance with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), particularly Section 109(1)(g), which provides that a legislator elected on the platform of a political party forfeits the seat upon joining another political party before the expiration of the tenure, except where the defection results from a division within the sponsoring party or a merger involving that party.
Nwaeke explained that the former legislator voluntarily resigned from the All Progressives Congress (APC) and expressly stated in his resignation letter that he was joining the Nigeria Democratic Congress (NDC) to pursue his political ambition.
He maintained that such a reason does not fall within the constitutional exceptions that would allow a lawmaker to retain a legislative mandate after leaving the political party on whose platform the election was won.
He noted that the legal consequences of such a decision were clear and well established, adding that attempts to portray the declaration of the seat as political victimisation amounted to a distortion of constitutional provisions and an effort to mislead members of the public, particularly constituents in Udu State Constituency.
The statement further revealed that the declaration of the seat merely formalised what it described as the former member’s prolonged disengagement from legislative responsibilities.
Providing details of the lawmaker’s attendance record, the Speaker’s spokesman disclosed that official records showed the former member was absent from 22 plenary sittings during the First Session of the Eighth Assembly, 27 sittings in the Second Session and 38 sittings in the Third Session.
Beyond the repeated absences from plenary, he was also said to have consistently failed to attend committee meetings and neglected his duties as Chairman of the House Committee on Trade and Investment.
The statement added that the former member was absent during the presentation of the 2026 Appropriation Bill by the Governor of Delta State, Rt. Hon. (Elder) Sheriff F. O. Oborevwori, describing the occasion as one of the most significant constitutional events in the legislative calendar.
According to Nwaeke, the absence without any justifiable reason fell short of parliamentary expectations and reflected poorly on the institution.
He stressed that the House has a constitutional responsibility to safeguard the sanctity of the electoral mandate and uphold the provisions of the Constitution without bias or political consideration, insisting that constitutional violations cannot be overlooked simply because the affected individual chooses to politicise the consequences.
“The declaration of the seat was neither arbitrary nor politically motivated. It was a constitutional duty imposed on the House by the supreme law of the Federal Republic of Nigeria,” the statement read.
Nwaeke reaffirmed the commitment of the Speaker and the leadership of the Delta State House of Assembly to constitutional governance, the rule of law and the protection of democratic institutions, assuring that the House would continue to discharge its responsibilities with fairness, transparency and fidelity to the Constitution.
He urged members of the public to disregard claims of political persecution surrounding the matter, maintaining that the Assembly’s decision was guided solely by constitutional provisions and the overriding public interest.
