Delta Assembly Declares Lawmaker Seat Vacant Over Defection to NDC
Delta Assembly Declares Seat Vacant Over Defection to NDC

The Delta State House of Assembly has officially declared the seat of Hon. Collins Egbetamah, the member representing Udu State Constituency, vacant following his resignation from the All Progressives Congress (APC) and subsequent defection to the Nigeria Democratic Congress (NDC). The declaration was made during plenary on Tuesday, June 30, after lawmakers unanimously adopted a motion moved by the House Leader, Hon. Emeka Nwaobi, and seconded by the Deputy Speaker, Hon. Arthur Akpowowo.

Constitutional Basis for the Declaration

Presiding over the session, Speaker Hon. Emomotimi Guwor stated that the decision was grounded in Section 109(1)(g) and (2) of the 1999 Constitution (as amended). These provisions mandate that a lawmaker who defects from the political party under which they were elected forfeits their seat, unless specific constitutional exceptions apply. Guwor declared: "Accordingly, this Honourable House is satisfied that the constitutional requirements under Section 109 of the Constitution have been fulfilled. Therefore, pursuant to Section 109(1) and (2), I hereby declare the seat of the Honourable Member representing Udu State Constituency vacant with immediate effect."

Notification and Next Steps

The Speaker directed the Clerk of the House to formally notify the Independent National Electoral Commission (INEC) and other relevant authorities. He also requested that INEC conduct a by-election to fill the vacant seat, in line with Section 116(2) of the Constitution.

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Details of the Motion

Presenting the motion, House Leader Emeka Nwaobi noted that documentary evidence before the House confirmed Egbetamah had resigned from the APC and joined the NDC while still serving as a member of the Assembly. He cited Section 109(1)(g) of the Constitution, which stipulates that a legislator must vacate their seat if they become a member of another political party before the expiration of their tenure, except where constitutional exceptions apply.

Egbetamah's Resignation Letter

Earlier, the Speaker read Egbetamah's resignation letter dated June 19, 2026, in which the lawmaker disclosed that he had resigned from the APC on April 30, 2026, citing the need to pursue his political aspirations. In the letter, Egbetamah also expressed appreciation to the APC and its stakeholders for the support they gave him during his time in the party.

Impact and Implications

The declaration of the seat vacancy triggers a by-election process that will allow voters in Udu State Constituency to elect a new representative. This development underscores the strict application of constitutional provisions regarding party defection in Nigeria's legislative houses.

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