By Akpos Oghenetega,
The Delta State chapter of the All Progressives Congress (APC) has dismissed former Deputy President of the Senate, Senator Ovie Omo-Agege's criticism of the Delta State House of Assembly over its declaration of the seat of Hon. Collins Egbetamah as vacant, insisting that the legislature acted strictly in accordance with the Constitution.
In a statement issued on Wednesday by the State Publicity Secretary, Barr Valentine Onojeghuo, the APC described Omo-Agege's position as "reckless, misleading and self-serving," accusing the former Deputy Senate President of attempting to undermine constitutional governance and mislead the public on settled provisions of the law.
The party, while reacting to Omo-Agege's statement faulting the Assembly's decision, which declared Egbetamah's seat vacant following his defection from the APC, noted that the Assembly acted within the ambit of the enabling law.
According to the APC, the Assembly acted pursuant to Sections 109(1)(g) and 68(1)(g) of the 1999 Constitution (as amended), which provide that a member of a legislative house shall lose his seat if he defects from the political party that sponsored his election before the expiration of his tenure, except where the defection is occasioned by a division within the party at the national level.
"The Delta State House of Assembly acted strictly within the ambit of the law in declaring the seat vacant pursuant to Sections 109(1)(g) and 68(1)(g) of the Constitution," the statement said.
It argued that Omo-Agege's description of the Assembly's action as arbitrary, illegal and oppressive amounted to "a calculated assault on constitutional governance and an insult to the intelligence of Deltans."
The party further maintained that no constitutional exception existed to justify Egbetamah's defection, stressing that there was no division or faction within the APC capable of activating the constitutional safeguard against loss of seat.
"The Constitution is explicit on this point. The only recognized exception is where the defection is occasioned by a division or faction within the political party that sponsored the elected member, of such magnitude as to make the party incapable of functioning at the national level," the APC stated.
It added that Egbetamah not only left the APC but also registered with the National Democratic Congress (NDC), participated in the party's activities and contested its primary election for the Ughelli North/Ughelli South/Udu Federal Constituency.
"These are incontrovertible facts that leave no room for constitutional ambiguity, political propaganda or media theatrics," the party asserted.
The APC expressed surprise that Omo-Agege, a lawyer and former Deputy President of the Senate, would publicly challenge what it described as an established constitutional principle.
"It is astonishing that Senator Omo-Agege, who ought to possess an appreciable understanding of constitutional law, would seek to mislead the public by suggesting that the Delta State House of Assembly acted outside the Constitution," the statement said.
"It is legally untenable, politically self-serving and clearly intended to blackmail a constitutionally empowered legislature for cheap political advantage."
The party also rejected Omo-Agege's argument on fair hearing, insisting that constitutional provisions governing legislative defections are mandatory and cannot be displaced by political considerations.
"The invocation of fair hearing cannot be used to override the express mandatory provisions of Sections 109(1)(g) and 68(1)(g). Constitutional obligations cannot be sacrificed on the altar of political sentiments," it said.
The APC accused the former Deputy Senate President of placing political loyalty above constitutional principles because the affected lawmaker was allegedly associated with him politically.
"We find it deeply regrettable that Senator Omo-Agege has chosen to undermine constitutional governance simply because the affected individual is politically associated with him. Statesmanship demands fidelity to the Constitution, not emotional outbursts or inflammatory rhetoric designed to score cheap partisan points," the statement added.
Commending the Delta State House of Assembly, the party said the legislature deserved praise for defending constitutional supremacy and protecting the sanctity of the electoral mandate.
"The Delta State House of Assembly deserves commendation—not condemnation—for upholding constitutional supremacy and preserving the sanctity of the electoral mandate in the face of flagrant abuse," it said.
According to the APC, democracy can only thrive when elected public officials respect the political platforms through which they secured the mandate of the electorate.
"Allowing elected representatives to freely abandon the political parties that sponsored their elections without constitutional consequences would amount to a betrayal of the electorate and a dangerous assault on Nigeria's constitutional democracy," the party stated.
The APC urged Omo-Agege to challenge the Assembly's decision in court if he believes it violated the Constitution, rather than prosecuting the matter through public statements.
"If indeed he believes otherwise, the courts remain the proper forum for ventilating constitutional grievances, not media campaigns designed to whip up public sentiment against institutions exercising their legitimate powers," the statement said.
Reaffirming its commitment to constitutional democracy, the party pledged to continue supporting lawful actions aimed at preserving the integrity of democratic institutions and the supremacy of the Constitution, irrespective of whose political interests may be affected.
