The Delta State House of Assembly has declared the seat of the member representing Udu State Constituency, Hon. Collins Egbetamah, vacant following his defection from the All Progressives Congress (APC) to the Nigeria Democratic Congress (NDC).
The Assembly also directed its Clerk to formally notify the Independent National Electoral Commission (INEC) and requested the electoral body to begin the constitutional process for conducting a bye-election to fill the vacant seat.
The decision was reached during plenary after lawmakers unanimously adopted a motion presented by the Leader of the House, Hon. Emeka Nwaobi, and seconded by the Deputy Speaker, Hon. Arthur Akpowowo. The sitting was presided over by the Speaker, Hon. Emomotimi Guwor.
The House said its action was in accordance with Section 109(1)(g) and (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which provides for the vacation of a legislative seat under certain circumstances, including defection from the political party under which a member was elected. Delivering the ruling, Speaker Guwor said the constitutional conditions for declaring the seat vacant had been met. “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,” he said. The Speaker further directed the Clerk of the House to transmit the Assembly’s resolution to INEC and other relevant authorities, while urging the commission to conduct a bye-election in line with Section 116(2) of the Constitution.
Earlier, while moving the motion titled, “Consideration of the Letter from the Honourable Member Representing Udu State Constituency Pursuant to Section 109 of the Constitution,” Nwaobi told lawmakers that documentary evidence before the House confirmed that Egbetamah had resigned from the APC and joined the NDC while still serving as a member of the Assembly.
The declaration officially creates a vacancy in the Udu State Constituency seat, with INEC now expected to take the necessary steps toward organising a fresh election to fill the position.