ASABA — The Delta State House of Assembly has defended its decision to declare the Udu State Constituency seat vacant, insisting that the action was taken in strict compliance with the provisions of the 1999 Constitution.
In a statement issued on Thursday by the Chief Press Secretary to the Speaker, Mr. Nkem Nwaeke, the Assembly responded to comments made by former Deputy Senate President, Senator Ovie Omo-Agege, who had criticised the declaration as “arbitrary, oppressive and illegal.”
According to the statement, the House acted after considering documentary evidence placed before it, including what it described as the affected lawmaker’s resignation and defection from the political party on whose platform he was elected.
The Speaker’s Office said the resolution complied with Sections 109(1)(g) and 109(2) of the Constitution of the Federal Republic of Nigeria, which provide that a member of a House of Assembly shall vacate his or her seat upon defecting to another political party before the expiration of tenure, except where there is a division within the political party.
“The House, as a legislative body, acted on the documentary evidence of resignation and defection submitted by the Honourable Member himself,” the statement read.
The Assembly further argued that the Constitution does not require a judicial determination or legislative hearing before the Speaker gives effect to the constitutional provision once the relevant facts have been established and no constitutional exception applies.
While acknowledging Senator Omo-Agege’s right to express his views, the Speaker’s Office maintained that his description of the Assembly’s action did not reflect the facts or the constitutional process followed by the House.
The Assembly also stated that its decision to direct the Clerk of the House to notify the Independent National Electoral Commission (INEC) was intended to ensure that residents of Udu State Constituency are not denied representation in the legislature.
According to the statement, the Constitution provides for a by-election to fill the vacant seat, describing the process as the lawful means of restoring representation for the constituency.
The House added that any party dissatisfied with its decision is free to seek judicial interpretation, expressing confidence that the courts remain the appropriate forum for resolving constitutional disputes.
It reiterated its commitment to discharging its legislative responsibilities in accordance with the Constitution and in the overall interest of the people of Delta State.
