The attention of the Office of the Honourable Speaker of the Delta State House of Assembly has been drawn to attempts by the former Member representing Udu State Constituency to mislead the public into believing that the declaration of his seat vacant by the House was an act of political victimization.
Nothing can be farther from the truth.
The decision of the Delta State House of Assembly was taken strictly in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), which remains the supreme law governing the conduct of all public office holders, including members of the State Houses of Assembly.
Section 109(1)(g) of the Constitution provides in clear and unambiguous terms that a member of a House of Assembly shall vacate his seat if, having been elected on the platform of a political party, he becomes a member of another political party before the expiration of the period for which the House was elected. The only exceptions recognised under Section 109(1)(g), read together with the applicable constitutional provisions, are where the defection is occasioned by a division within the political party that sponsored the member or by a merger of political parties.
The former member, by his own voluntary letter of resignation from the All Progressives Congress (APC), expressly stated that he was leaving the party to pursue his political aspiration in the Nigeria Democratic Congress (NDC). That reason clearly falls outside the constitutional exceptions. Personal political ambition or aspiration is not one of the grounds recognised by the Constitution for retaining a legislative seat after abandoning the political party on whose platform the mandate was secured.
As a legal practitioner, the former member is undoubtedly aware of the legal consequences of his decision. It is therefore surprising that he now seeks to portray the constitutional outcome of his voluntary action as persecution. Such a narrative is not only misleading but also an attempt to pull the wool over the eyes of the good people of Delta State, particularly the people of Udu State Constituency whom he was elected to represent.
It is equally important to place on record that the declaration of his seat vacant merely formalised what had, in practical terms, become a prolonged disengagement from his legislative responsibilities.
Since the inauguration of the Eighth Delta State House of Assembly, the former member has consistently failed to discharge the duties expected of a legislator. Official attendance records show that he was absent from plenary sittings on 22 occasions during the First Session ( June 2023 – June 2024), 27 occasions during the Second Session ( June 2024 – June 2025), and 38 occasions during the Third Session ( June 2025 – June 2026). Beyond his poor attendance at plenary, he became notorious for failing to attend committee meetings and completely neglected his responsibilities as Chairman of the House Committee on Trade and Investment, thereby undermining the effective functioning of the committee entrusted to his leadership.
Most regrettably, during the presentation of the 2026 Appropriation Bill by His Excellency, Rt. Hon. ( Elder) Sheriff F.O Oborevwori, Governor of Delta State, before the House, a constitutional and historic legislative event that traditionally commands the presence of every Honourable Member, the former Member from Udu Constituency was absent without justifiable cause. His conduct ran contrary to established parliamentary practices and legislative protocols and constituted an embarrassment to the dignity, sanctity and institutional integrity of the Honourable House.
The Delta State House of Assembly owes a constitutional duty to protect the sanctity of the electoral mandate and uphold the Constitution without fear or favour. The House cannot ignore a clear constitutional breach simply because the affected member chooses to politicise the consequences of his own actions.
The Rt. Hon. Speaker and the leadership of the House remain committed to the rule of law, constitutionalism, and the principles of representative democracy. Every decision of the House is guided by the Constitution, the Standing Orders of the House, and the overriding public interest.
The public is therefore urged to disregard the unfounded allegations of persecution being propagated by the former member. The declaration of his seat vacant was neither arbitrary nor politically motivated; it was a constitutional obligation imposed on the House by the supreme law of the Federal Republic of Nigeria.
The Delta State House of Assembly will continue to discharge its constitutional responsibilities with courage, fairness and fidelity to the rule of law.
Signed
Nkem Nwaeke
Chief Press Secretary
to the Honourable Speaker