Former Deputy President of the 9th Senate, Senator Ovie Omo-Agege has condemned the Delta House of Assembly’s removal of Udu Constituency lawmaker, Mr Collins Egbetamah, describing the action as unconstitutional and politically motivated.
Hensard Times recalls that the Assembly had on Tuesday declared the Udu Constituency seat vacant, after Ogbetamah defected from the All Progressives Congress (APC) to the Nigeria Democratic Congress (NDC).
In a statement personally signed on Wednesday, Omo-Agege faulted the Assembly’s decision, insisting it 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 Hon. Collins Egbetamah, the duly elected representative of Udu State Constituency, without a fair hearing,” Omo-Agege said.
Omo-Agege also Delta Central Senatorial District hopeful said, ”this was not constitutional housekeeping.
”It was 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 State,” he added.
Addressing the constitutional provision cited by lawmakers, Omo-Agege argued that Section 109(1)(g) does not automatically apply where defection results from internal divisions within a political party under constitutional exceptions.
“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,” he stated.
“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,” he said.
The former senate deputy president maintained that the mandate freely given by voters could not be withdrawn through a hurried legislative process without observing due process and constitutional safeguards protecting elected representatives.
“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 declared.
“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,” the former Senate Deputy President said, recalling his previous legal victory over a similar political challenge.
Omo-Agege also 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.
“The haste, the shameful 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,” he said, while insisting the people of Udu had been unfairly denied their democratic representation in the state legislature through the controversial decision, ” he said.
He further claimed Egbetamah faced sustained political persecution because of his membership of the All Progressives Congress, saying the lawmaker’s decision 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,” he added, urging immediate restoration of democratic representation, ” he said.
Omo-Agege called on the State House of Assembly to reverse the declaration immediately, while urging the judiciary to act swiftly if the matter is brought before the courts.
“I call on the Delta State House of Assembly to reverse this declaration and accord Hon. Egbetamah the fair hearing he was denied.
“Should the courts be invited to intervene, I urge them to act with urgency so that Udu State Constituency is not left without representation on the strength of this arbitrary, oppressive, and premeditated decision,” he said.
