• Says ex-lawmaker defected outside constitutional exceptions
• Accuses him of prolonged absenteeism, neglect of legislative duties
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.
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 of the Federal Republic of Nigeria, 1999, as altered, 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 said: “The attention of the Office of the Honourable Speaker of the Delta State House of Assembly has been drawn to attempts by the former Member representing Udu State Constituency to mislead the public into believing that the declaration of his seat vacant by the House was an act of political victimisation.
“Nothing can be farther from the truth. The decision of the Delta State House of Assembly was taken strictly in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as altered, which remains the supreme law governing the conduct of all public office holders, including members of the State Houses of Assembly.”
The Assembly 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.
It alleged that the former lawmaker, 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 Assembly further expressed surprise that the former member, whom it described as a legal practitioner, was portraying the consequences of his decision as political persecution.
“As a legal practitioner, the former member is undoubtedly aware of the legal consequences of his decision. It is therefore surprising that he now seeks to portray the constitutional outcome of his voluntary action as 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 Assembly alleged that the former lawmaker had, in practical terms, become disengaged from his legislative responsibilities over a prolonged period.
Citing official attendance records, the House claimed that he was absent from plenary on 22 occasions during the First Session from June 2023 to June 2024, 27 occasions during the Second Session from June 2024 to June 2025, and 38 occasions during the Third Session from June 2025 to June 2026.
The statement said: “Beyond his poor attendance at plenary, he became notorious for failing to attend committee meetings and completely neglected his responsibilities as Chairman of the House Committee on Trade and Investment, thereby undermining the effective functioning of the committee entrusted to his leadership.”
The Assembly also criticised the former member’s absence during the presentation of the 2026 Appropriation Bill by Governor Sheriff Oborevwori, describing the occasion as a constitutional and historic legislative event that traditionally commands the presence of lawmakers.
“Most regrettably, during the presentation of the 2026 Appropriation Bill by His Excellency, Rt. Hon. (Elder) Sheriff F.O. Oborevwori, Governor of Delta State, before the House, a constitutional and historic legislative event that traditionally commands the presence of every Honourable Member, the former Member from Udu Constituency was absent without justifiable cause,” it said.
The statement added that the conduct ran contrary to established parliamentary practices and legislative protocols, describing it as an embarrassment to the dignity and institutional integrity of the House.
The Assembly 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 Assembly 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 the Federal Republic 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.
