Delta Assembly Rebuts Omo-Agege, Defends Udu Seat Vacancy Declaration ~ Truth Reporters

 

The Office of the Speaker of the Delta State House of Assembly has defended the declaration of the Udu Constituency seat as vacant, insisting that the Assembly acted strictly in accordance with the provisions of the Constitution of the Federal Republic of Nigeria.

Reacting to a statement issued on July 1, 2026 by  criticizing the decision, the Office of the Speaker maintained that the House followed due constitutional process in arriving at its resolution.

In a statement signed by the Chief Press Secretary to the Speaker, Nkem Nwaeke, the Assembly said it remains a responsible institution committed to the rule of law, constitutional democracy and legislative due process.

According to the statement, the decision to declare the Udu Constituency seat vacant was reached after careful consideration of documentary evidence before the House in strict compliance with Sections 109(1)(g) and 109(2) of the Constitution.

The Assembly explained that Section 109(1)(g) provides that a member of a House of Assembly shall vacate his or her seat if, having been elected on the platform of one political party, the member defects to another political party before the expiration of the tenure, except where there is a division within the original political party.

It further stated that Section 109(2) places the responsibility on the Speaker to give effect to the constitutional provision upon being satisfied with the evidence presented.

The statement noted that the House acted on documentary evidence of resignation and defection submitted by the member representing Udu Constituency, stressing that the Constitution does not require a judicial determination or legislative hearing before the Speaker implements the provisions of Section 109(2), provided the constitutional conditions have been met and no exception exists.

While acknowledging the right of Senator Omo-Agege to express his views on matters of public interest, the Assembly rejected his description of its action as "arbitrary, oppressive and illegal," insisting that such remarks do not reflect the facts or the spirit of the Constitution.

The Assembly also emphasized that its primary concern remains the people of Udu Constituency, stating that the resolution directing the Clerk of the House to communicate the vacancy to the  was intended to ensure that the constituency is not left without representation.

It added that, in line with Section 116(2) of the Constitution, a by-election remains the constitutional mechanism for restoring representation to the constituency.

The House expressed confidence in the judiciary, noting that any aggrieved party is free to seek judicial interpretation of the matter.

"The Delta State House of Assembly has full confidence in the judiciary and welcomes judicial review of its action. The House will continue to discharge its duties without fear or favour, guided only by the Constitution and the interest of Deltans," the statement concluded.