FORMER deputy senate president, Ovie Omo-Agege, has condemned the resolution of the Delta House of Assembly declaring the Udu State Constituency seat vacant, on Tuesday, June 30, following the recent defection of its representative, Collins Egbetamah, from the All Progressives Congress (APC) to Nigeria Democratic Congress (NDC), describing the action as unconstitutional and politically motivated.
Omo-Agege, in a statement he personally signed on Wednesday, July 1, insisting the decision violated constitutional provisions and denied the elected representative the fundamental right to defend himself before losing office.
“I condemn in the strongest terms, the reported decision of the Delta House of Assembly to remove Egbetamah, the duly elected representative of Udu State Constituency, without a fair hearing.
“This is not constitutional housekeeping; it is a hasty, arbitrary, oppressive and illegal act intended to achieve a political objective that disparages and injures the people of Udu, the wider Urhobo nation, and Delta.”
He faulted the provisions cited by the lawmakers for their action, arguing that Section 109(1)(g) does not automatically apply where defection results from internal divisions within a political party under constitutional exceptions.
He stated: “The House relies on Section 109(1)(g) as if it admits of no exception. The Constitution provides an exception where a defection arises from a division in the original party.
“That question of fact was never examined in any legislative hearing. There was also no judicial determination.
“The matter was rushed because a process grounded in the constitutional right to a fair hearing would not have produced the house’s predetermined outcome.”
Omo-Agege stressed that the mandate freely given by voters could not be withdrawn through a hurried legislative process without observing due process and constitutional safeguards protecting elected representatives.
He added: “A mandate freely given by the people of Udu cannot be extinguished in a single sitting by voice vote. That is disturbing, disrespectful and unacceptable.
“It was not the intendment of the framers of our Constitution. We are not a Banana Republic.”
He cited his previous legal victory over a similar political challenge, saying he could not accept its recurrence in the polity, no matter who is involved, insisting that Egbetamah is entitled to be heard before his seat could be declared vacant.
“He was denied that right, and that is a fundamental breach of our constitutional order. Where due process is bypassed, tyranny and injustice prevail.
“A similar attempt was once made against me as a senator representing Delta Central senatorial district, but it was defeated through the integrity and independence of the judiciary.
“I cannot, therefore, accept its recurrence in our polity, no matter who directs it.”
He argued that the speed, timing and unanimous endorsement of the decision reflected political desperation, rather than genuine constitutional compliance by members of the state house of assembly, saying: “The haste, the unanimity and the timing betray the intent.
“This is a threat from a ruling party so afraid of defections that it resorts to arbitrary, extra-constitutional and oppressive measures to survive.
“That strategy will fail in time. The people of Udu had been unfairly denied their democratic representation in the state legislature through the controversial decision,” he stated.
Omo-Agege said Egbetamah faced sustained political persecution because of his membership of the All Progressives Congress, saying the lawmaker’s decision to defect was driven by commitment to his constituents.
“Egbetamah’s offence was to stand on principle and defend the values of Urhobo republicanism. Every legislator in Nigeria is entitled to choose the political party with which to associate, subject only to the limits set by the Constitution. No more, no less.
“The people of Udu Local Government Area cannot be cowed by it. They elected a representative, and they now stand without one.”
While calling on the Assembly to reverse the decision immediately, he urged the judiciary to act swiftly should the matter be brought before the courts, so that Udu State Constituency is not left without representation on the strength of the decision.
