Delta Assembly orders by-election after declaring APC lawmaker’s seat vacant over defection

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By Jude Opara

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 decision paves the way for a by-election, with the House directing the Independent National Electoral Commission (INEC) to commence the constitutional process for filling the vacant seat.
Presiding over Tuesday’s plenary, Speaker Hon. Emomotimi Guwor said the Assembly acted in accordance with Section 109(1)(g) and (2) of the 1999 Constitution (as amended), which requires a lawmaker to vacate his seat upon joining another political party before the expiration of his tenure, except in circumstances recognized by the Constitution.
“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,” Guwor ruled.
The Speaker directed the Clerk of the House to communicate the resolution to INEC and other relevant authorities, while requesting the electoral commission to conduct a by-election in line with Section 116(2) of the Constitution.
The resolution followed the unanimous adoption of a motion moved by the House Leader, Hon. Emeka Nwaobi, and seconded by Deputy Speaker Hon. Arthur Akpowowo.
Presenting the motion, Nwaobi informed the House that documentary evidence confirmed Egbetamah had resigned from the APC and joined the NDC while still serving as a member of the Assembly.

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