The Office of the Speaker of the Delta State House of Assembly has defended the declaration of the Udu State Constituency seat vacant, insisting that the House acted strictly within the provisions of the Constitution of the Federal Republic of Nigeria.
The clarification is contained in a press statement issued by the Chief Press Secretary to the Speaker, Mr. Nkem Nwaeke, in response to comments made on July 1, 2026, by former Deputy President of the Senate, Ovie Omo-Agege, who criticised the Assembly’s decision.
According to the statement, the Delta State House of Assembly remains committed to the rule of law, constitutional democracy and legislative due process, stressing that the resolution declaring the Udu seat vacant was reached after careful consideration of documentary evidence before the House.
The statement explained that the Assembly acted in strict compliance with Sections 109(1)(g) and 109(2) of the Constitution, which provide that a lawmaker elected on the platform of a political party shall vacate his or her seat upon becoming a member of another political party before the expiration of the tenure, except where there is a division within the original party.
The Office of the Speaker maintained that the Constitution places the responsibility of giving effect to the provision on the Speaker once he is 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 State Constituency.
It further argued that, contrary to claims by critics, the Constitution does not require either a judicial determination or a legislative hearing before the Speaker gives effect to the provisions of Section 109(2), provided the factual conditions have been met and no constitutional exception exists.
Defending the Assembly’s decision, the statement said, “The resolution on the Udu seat was reached after due consideration of documentary evidence before the House, in strict compliance with Section 109(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria, as altered.”
The Office of the Speaker also dismissed allegations that the action was arbitrary or unlawful, stating that such descriptions “do not reflect the facts or the spirit of the Constitution that the House swore to uphold.”
While acknowledging the right of Senator Omo-Agege and other citizens to express their opinions on matters of public interest, the Assembly maintained that its actions were guided solely by constitutional provisions.
On concerns about representation for the people of Udu State Constituency, the statement emphasized that the Assembly’s directive to the Clerk to notify the Independent National Electoral Commission (INEC) was aimed at ensuring the constituency is not left without representation.
It explained that “A by-election, as provided by Section 116(2) of the Constitution, is the constitutional pathway to restoring representation.”
The Office of the Speaker further affirmed the Assembly’s confidence in the judiciary, noting that any aggrieved party has the constitutional right to seek judicial interpretation of the matter.
According to the statement, “The Delta State House of Assembly has full confidence in the judiciary and welcomes judicial review of its action.”
Reaffirming its commitment to constitutional governance, the Office of the Speaker said the House would continue to discharge its legislative responsibilities without fear or favour, guided only by the Constitution and the overall interest of the people of Delta State.
