The Office of the Speaker, Delta State House of Assembly, has taken note of the statement issued on July 1, 2026 by His Excellency, Senator Ovie Omo-Agege, CFR, regarding the declaration of the Udu Constituency seat vacant.
The Delta State House of Assembly remains a responsible institution committed to the rule of law, constitutional democracy, and legislative due process.
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.
For clarity, Section 109(1)(g) provides that a member shall vacate his seat if, having been elected on the platform of one political party, he becomes a member of another party before the expiration of his tenure, except where there is a division in that party.
The Constitution places the responsibility to give effect to this provision on the Speaker, upon being satisfied with evidence presented, as stipulated in Section 109(2).
The House, as a legislative body, acted on the documentary evidence of resignation and defection submitted by the Honourable Member himself.
The Constitution does not require a judicial determination or a legislative hearing before the Speaker gives effect to Section 109(2) once the factual condition is met and no constitutional exception is established.
The Assembly respects the right of every citizen, including His Excellency Senator Ovie Omo-Agege, to express opinions on matters of public interest.
However, remarks such as “arbitrary, oppressive, and illegal” do not reflect the facts or the spirit of the Constitution that the House swore to uphold.
The people of Udu Constituency remain central to the House’s concern.
The resolution directing the Clerk to communicate with INEC is in fact to ensure that Udu is not left unrepresented.
A by-election, as provided by Section 116(2) of the Constitution, is the constitutional pathway to restoring representation.
Should any party feel aggrieved, the courts remain the ultimate arbiter of constitutional interpretation.
The Delta State House of Assembly has full confidence in the judiciary and welcomes judicial review of its action.
The House will continue to discharge its duties without fear or favour, guided only by the Constitution and the interest of Deltans.
Signed:
Nkem Nwaeke
Chief Press Secretary to the Speaker, Delta State House of Assembly