By Kenneth Orusi, Managing Editor
The member representing Udu State Constituency in the Delta State House of Assembly (DTHA), Mr. Collins Egbematah, has broken his silence following the declaration of his seat as vacant by the State Assembly, saying he is consulting with his legal team and will challenge the decision through constitutional means.
Egbematah made the disclosure during an interview on Kpoko FM on Saturday, July 4, 2026, monitored by The Story.
Egbematah appealed to his constituents to remain calm and law-abiding, expressing confidence that the judicial process would determine the matter.
“I will appeal to them (Udu State Constituency) to be calm. We know how to go about any grievances of such,” he said.
“The law is there; it is the law that guides all of us in this country. It is the court that handles things like this. We are doing our consultation with our legal team, trying to explore every possible means and channel through the law to remedy the situation. What is right will come to pass.”
The lawmaker’s reaction comes days after the Delta State House of Assembly declared the Udu State Constituency seat vacant during plenary, a decision that has generated legal and political debate within the state.
The motion for the declaration was moved by the Majority Leader of the House, Emeka Nwaobi, and seconded by the Deputy Speaker, Arthur Akpowowo, before it was adopted by the Assembly.
The House based its decision on the defection of Egbematah from the All Progressives Congress (APC), to the Nigeria Democratic Congress (NDC), maintaining that his action contravened constitutional provisions governing the retention of legislative seats following a change of political party.
The Assembly argued that there was no division or faction within the APC capable of justifying the defection under the exceptions provided by the Constitution, and consequently declared the seat vacant.
Egbematah, however, indicated that he would seek judicial interpretation of the issues surrounding the declaration, insisting that the courts remain the proper forum for resolving constitutional disputes.
His decision to pursue legal redress mirrors the position taken by other political actors who have argued that questions relating to legislative seats and party defections should ultimately be determined by the judiciary.
The development is expected to deepen the constitutional debate over legislative defections in Delta State, with legal observers closely watching whether the courts will uphold or overturn the Assembly’s decision.
The outcome of the case could have significant implications for party realignments and the interpretation of constitutional provisions on defection by elected lawmakers ahead of the 2027 general elections in the state.
It would be recalled that the declaration was made during plenary presided over by the Speaker, Rt. Hon. Emomotimi Dennis Guwor, after the House unanimously adopted a motion moved by the Leader of the House, Hon. Emeka Nwaobi, and seconded by the Deputy Speaker, Rt. Hon. Arthur Akpowowo.
Invoking Section 109(1)(g) and (2) of the 1999 Constitution (as amended), the Speaker ruled that Egbetamah had forfeited his legislative mandate by becoming a member of another political party before the expiration of his tenure.
Guwor subsequently directed the Clerk of the House to notify the Independent National Electoral Commission (INEC) and other relevant authorities, requesting the electoral body to commence the constitutional process for a by-election in line with Section 116(2) of the Constitution.
While the Assembly maintained that its decision was anchored on constitutional provisions governing legislative defections, the declaration has raised questions over whether all the constitutional conditions and established judicial principles applicable to such cases were fully considered before the seat was declared vacant.
Although Section 109(1)(g) provides that a member of a House of Assembly shall vacate his seat upon becoming a member of another political party before the expiration of his tenure, the Constitution also recognises exceptions, including where the defection is occasioned by a division within the political party that sponsored the member or where there is a merger involving political parties.
The Assembly did not indicate during plenary whether it considered the applicability of any of these constitutional exceptions before reaching its decision.
Legal analysts are also expected to examine whether the declaration is consistent with judicial precedents, as Nigerian appellate courts have, in several instances, held that disputes arising from legislative defections and the interpretation of constitutional exceptions are matters ultimately subject to judicial determination.
Presenting the motion titled, “Consideration of the Letter from Honourable Member Representing Udu State Constituency Pursuant to Section 109 of the Constitution,” House Leader Emeka Nwaobi told lawmakers that documentary evidence before the House confirmed Egbetamah’s resignation from the APC and his subsequent membership of the NDC while still serving as a legislator.
Earlier, Speaker Guwor read Egbetamah’s resignation letter dated June 19, 2026, in which the lawmaker disclosed that he had resigned from the APC on April 30, 2026, to pursue his political aspirations.
He also expressed appreciation to the APC and its stakeholders for their support during his membership of the party.
Following deliberations, the House resolved that the constitutional requirements for declaring the seat vacant had been met and directed that its resolution be communicated to INEC for necessary action.
