The Delta State House of Assembly has defended its decision to declare the Udu Constituency seat vacant, insisting that the action was taken in line with the provisions of the 1999 Constitution.
In a statement issued by the Chief Press Secretary to the Speaker, Nkem Nwaeke, the Assembly said its decision was based on documentary evidence presented before the House and was not arbitrary or politically motivated.
The statement was in response to comments made by former Deputy Senate President, Ovie Omo-Agege, who criticised the Assembly’s resolution declaring the seat vacant.
According to the Assembly, the resolution complied with Sections 109(1)(g) and 109(2) of the Constitution, which provide that a lawmaker who defects from the political party that sponsored his or her election must vacate the seat unless the defection was caused by a division within the party.
The Assembly said the Speaker acted after receiving documentary evidence showing that the Udu lawmaker had resigned from his political party and defected to another party.
It maintained that the Constitution does not require a court judgment or legislative hearing before the Speaker can declare a seat vacant once the constitutional conditions have been met and no valid exception exists.
While acknowledging Senator Omo-Agege’s right to express his opinion, the Assembly rejected his description of its action as “arbitrary, oppressive and illegal,” insisting that it acted strictly within the law.
The House also stated that its decision to direct the Clerk to notify the Independent National Electoral Commission (INEC) was intended to ensure that the people of Udu Constituency are not left without representation.
It explained that the Constitution provides for a by-election to fill the vacant seat and restore representation for the constituency.
The Assembly added that anyone dissatisfied with its decision has the right to seek legal redress, expressing confidence that the judiciary remains the proper authority to interpret constitutional matters.
It reaffirmed its commitment to carrying out its legislative responsibilities without fear or favour, saying all its actions are guided by the Constitution and the interest of the people of Delta State.
