The Delta State House of Assembly has declared the Udu Constituency seat vacant after Hon. Collins Ogbetamah defected from the All Progressives Congress (APC) to the Nigeria Democratic Congress (NDC). Speaker Dennis Guwor confirmed the decision during plenary on Tuesday, June 30, 2026, following unanimous support from lawmakers.
Constitutional Provisions Invoked
Speaker Guwor read Ogbetamah's resignation letter, dated June 19, 2026, during the session. Majority Leader Emeka Nwaobi then invoked Section 109(1)(g) of the 1999 Constitution, which mandates that a lawmaker vacates their seat if they defect from the party on which platform they were elected, except under specific constitutional exceptions. Nwaobi moved a motion declaring the seat vacant and requested the Independent National Electoral Commission (INEC) to conduct a by-election in the constituency.
Unanimous Support for Declaration
The motion received unanimous backing from lawmakers present. Speaker Guwor officially declared the seat vacant, stating: "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 directed the Clerk to transmit the resolution to INEC and other relevant authorities, urging INEC to take constitutional steps to conduct a by-election in line with Section 116(2) of the Constitution.
Political Context
The APC remains the ruling party in Delta State following the defection of Governor, state and federal lawmakers from the Peoples Democratic Party (PDP). Ogbetamah's defection to the NDC marks a shift in the political landscape, though the APC maintains its majority. The by-election will determine the new representative for Udu Constituency.
