NDC, Delta Assembly Battle Over Expulsion of Udu Constituency Member Collins Egbetamah

By Lawrence Oyibo

A fresh political and legal dispute has erupted between the Nigeria Democratic Congress (NDC) and the Delta State House of Assembly over the declaration of the Udu State Constituency seat vacant following the defection of Hon. Collins Egbetamah from the All Progressives Congress (APC) to the NDC.

While the NDC has condemned the Assembly’s action as unconstitutional and vowed to challenge it in court, the Assembly has insisted that the decision was a constitutional obligation, not an act of political persecution.

The controversy began after the Delta State House of Assembly declared Egbetamah’s seat vacant in line with Section 109(1)(g) of the 1999 Constitution (as amended), which provides that a legislator who defects from the political party on whose platform he was elected automatically loses his seat, except where the defection results from a division within the party or a merger.

NDC Rejects Assembly’s Decision

In a statement issued by its National Publicity Secretary, Osa Director, the Nigeria Democratic Congress criticised the Assembly’s action, describing it as unconstitutional and a violation of Egbetamah’s constitutional right to freedom of association.

The party urged the Independent National Electoral Commission (INEC) not to act on the Assembly’s resolution, stating that it would seek legal redress to challenge the declaration.

According to the NDC, Egbetamah was elected into the Delta State House of Assembly on the platform of the APC and initially served as a minority lawmaker before the political dynamics in the state changed following the defection of Governor Sheriff Oborevwori and several Peoples Democratic Party (PDP) members to the APC.

The party alleged that after the political realignment, Egbetamah became politically isolated and was denied salaries and other entitlements for several months.

It further stated that he resigned from the APC on April 30, 2026, and joined the NDC, insisting that he should remain the legitimate representative of Udu Constituency pending the outcome of judicial proceedings.

The party maintained that the declaration of vacancy was unlawful and reiterated its commitment to pursuing all legal options to protect what it described as the mandate freely given to Egbetanah by the people of Udu Constituency.

Delta Assembly Defends Action

Reacting to the allegations, the Office of the Speaker of the Delta State House of Assembly dismissed claims of political victimisation, insisting that the declaration of Egbetamah’s seat vacant was strictly based on constitutional provisions.

In a statement signed by the Chief Press Secretary to the Speaker, Mr. Nkem Nwaeke, the Assembly said the former lawmaker voluntarily resigned from the APC and expressly stated in his resignation letter that he was leaving the party to pursue his political ambition in the Nigeria Democratic Congress.

According to the Assembly, such a reason is not recognised under Section 109(1)(g) of the Constitution as a valid exception that would allow a legislator to retain his seat after changing political parties.

The statement noted that only a division within the sponsoring political party or a merger of political parties qualifies as constitutional grounds for retaining a legislative seat after defection.

The Assembly argued that since Egbetamah’s defection was based on personal political ambition, it automatically triggered the constitutional provision requiring him to vacate his seat.

“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,” the statement read.

Assembly Cites Poor Attendance

Beyond the constitutional issue, the Assembly also accused Hon. Collins Egbetamah of persistently neglecting his legislative responsibilities.

According to official attendance records released by the Speaker’s office, the former lawmaker allegedly missed 22 plenary sittings during the First Session of the Eighth Assembly (June 2023–June 2024), 27 sittings during the Second Session (June 2024–June 2025), and 38 sittings during the Third Session (June 2025–June 2026).

The Assembly further alleged that Egbetamah frequently failed to attend committee meetings and neglected his duties as Chairman of the House Committee on Trade and Investment.

It also described his absence during Governor Sheriff Oborevwori’s presentation of the 2026 Appropriation Bill as a breach of parliamentary convention and an embarrassment to the institution.

Assembly Reaffirms Commitment to Constitution

The House maintained that it acted in strict compliance with the Constitution and would continue to uphold the rule of law without fear or favour.

It stressed that the declaration of the Udu State Constituency seat vacant was neither arbitrary nor politically motivated but a constitutional duty imposed on the House by the supreme law of the Federal Republic of Nigeria.

With the NDC now threatening legal action and the Assembly standing firmly on its constitutional interpretation, the dispute is expected to shift to the courts, where the legality of Egbetamah’s removal from the Delta State House of Assembly may ultimately be determined.