NDC Urges INEC To Reject Delta Assembly’s Declaration Of Lawmaker’s Seat As Vacant

PROSPER OKOYE 

The National Democratic Coalition, NDC, on Tuesday urged the Independent National Electoral Commission, INEC, to disregard the Delta State House of Assembly’s declaration of the seat of Hon. Collins Egbetanah as vacant. The party described the action as unconstitutional and politically motivated.

In a statement signed by its National Publicity Secretary, Osa Director, the NDC said Egbetanah, who represents Udu Constituency in the Delta State House of Assembly, was subjected to political victimisation following his defection from the All Progressives Congress, APC, to the NDC on April 30, 2026.

The party alleged that Egbetanah, who was originally elected on the APC platform, had his salaries and entitlements withheld for several months. According to the NDC, this followed the defection of Delta State Governor and some lawmakers from the Peoples Democratic Party, PDP, to the APC.

The NDC further alleged that tensions arose because Egbetanah was an existing APC member and remained loyal to former Deputy Senate President, Senator Ovie Omo-Agege. The party claimed this made him a perceived political threat to new entrants into the APC in the state.

According to the statement, after Egbetanah resigned from the APC to join the NDC, the Delta State House of Assembly declared his seat vacant and described him as persona non grata. The NDC termed the action “vindictiveness” and “selective justice”.

The party argued that the declaration violated the lawmaker’s constitutional rights to freedom of association and freedom of assembly as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria.

The NDC called on INEC not to recognise the Assembly’s decision and to allow the status quo to remain pending the resolution of the matter. It said the electoral body should act in line with constitutional provisions and judicial precedents on defection and seat vacancy.

The party also disclosed that it would pursue legal action to challenge the development. It urged the Delta State House of Assembly to allow Egbetanah to continue representing his constituents until a competent court determines the issue.

“The NDC remains committed to ensuring that the people of Udu Constituency continue to enjoy effective representation and the dividends of democracy through Hon. Collins Egbetanah,” the statement said.

Legal experts note that Section 109(1)(g) of the 1999 Constitution provides conditions under which a legislator’s seat may be declared vacant, including defection from the party on whose platform the member was elected. However, the Supreme Court has also made pronouncements on the issue in past cases.

The Delta State House of Assembly had not issued an official response to the allegations at the time of filing this report. Efforts to reach the Clerk of the House for comments were unsuccessful.

The NDC said it would continue to monitor the situation and engage relevant stakeholders to protect democratic institutions and the rights of elected representatives to associate freely without fear of persecution.