NDC, Omo-Agege fault Delta Assembly over vacant seat declaration

The Delta State chapter of the Nigeria Democratic Congress and a former Deputy President of the Senate, Ovie Omo-Agege, have condemned the decision of the State House of Assembly to declare the seat of the member representing Udu State Constituency, Collins Egbetamah, vacant following his defection to the party.

They described the Assembly’s action as unconstitutional, politically motivated and an abuse of legislative powers, demanding the reversal of the decision.

In a statement issued on Wednesday by its state Publicity Secretary, Chief McCollins Nwose, the NDC said the decision was aimed at intimidating opposition parties and weakening democratic principles in the state.

Omo-Agege, on his part, described the action as “hasty, arbitrary, oppressive, and illegal.”

But the Delta Assembly defended its decision, which it said was taken in line with the provisions of the 1999 Constitution.

The Chairman of the House Committee on Information and House Leader, Emeka Nwaobi, after Tuesday’s plenary, said the Assembly acted strictly within its constitutional powers and not for political reasons.

According to him, the House merely carried out its constitutional responsibility after considering the resignation and defection letter submitted by the lawmaker representing Udu Constituency.

He explained that the constitution clearly states the conditions under which a lawmaker can defect from the political party on whose platform he or she was elected without losing the seat.

According to him, the only exception is where there is a division or crisis within the political party at the national level.

He said there was no evidence before the Assembly to show that the lawmaker’s defection to the NDC met that constitutional requirement.

He said the Assembly’s resolution should not be seen as a political vendetta but as a faithful implementation of the Constitution.

However, the NDC argued that the Assembly’s declaration violated the principles of fairness, the rule of law and constitutional democracy.

It also accused the Assembly of applying the law selectively, noting that some politicians who previously defected from the Peoples Democratic Party to the All Progressives Congress were allowed to retain their seats.

According to the NDC, the mandate held by Egbetamah belongs to the people of Udu State Constituency and not to any political party.

The statement read, “The mandate belongs to the people of Udu State Constituency. Any attempt to override the will of the electorate through selective interpretation of the law is unacceptable.”

The party called on civil society organisations, pro-democracy groups and other stakeholders to resist what it described as an attack on constitutional democracy.

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It also vowed to use all lawful means to protect the mandate of its members and supporters in the state.

Similarly, Omo-Agege, in a statement, claimed that the Assembly’s decision was premeditated, not constitutional, but a political move, calling for a reversal.

He also demanded the swift intervention of the judiciary.

Addressing the legal basis cited by the House, Omo-Agege argued that Section 109(1)(g) of the Constitution does not apply without exception.

He stated, “The House relies on Section 109(1)(g) as if it admits no exception. The Constitution provides an exception where a defection arises from a division in the original party. That question of fact was never examined in any legislative hearing. There was also no judicial determination.

“The matter was rushed because a process grounded in the constitutional right to a fair hearing would not have produced the House’s predetermined outcome,” he stated.

According to Omo-Agege, “a legislative mandate cannot be ended without hearing the lawmaker.”

He warned that bypassing due process amounts to tyranny.

The statement further read, “A mandate freely given by the people of Udu cannot be extinguished in a single sitting by voice vote. That is disturbing, disrespectful, and unacceptable. It was not the intention of the framers of our Constitution. We are not a Banana Republic.

“Honourable Egbetamah is entitled to be heard before his seat could be declared vacant. He was denied that right, and that is a fundamental breach of our constitutional order. Where due process is bypassed, tyranny and injustice prevail. A similar attempt was once made against me as a Senator representing Delta Central Senatorial District, but it was defeated through the integrity and independence of the judiciary. I cannot therefore accept its recurrence in our polity, no matter who directs it.”

Omo-Agege said the timing and manner of the removal exposed the intent behind it.

“The haste, the shameful unanimity, and the timing betray the intent. This is a threat from a ruling party so afraid of defections that it resorts to arbitrary, extra-constitutional, and oppressive measures to survive. That strategy will fail in time,” he said.

He said Udu people were now without representation because Egbetamah “chose to do more for his people after enduring three years of sustained oppression in the House for the sole reason of being an APC member I helped to elect.”

“Egbetamah’s offence was to stand on principle and defend the values of Urhobo republicanism,” Omo-Agege stated.

“Every legislator in Nigeria is entitled to choose the political party with which to associate, subject only to the limits set by the Constitution. No more, no less. The people of Udu Local Government Area cannot be cowed by it. They elected a representative, and they now stand without one,” he said.