INEC Set To Conduct Bye-Election For Vacant Udu State Constituency (Letter Attached)

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By Sunday Apah

The Independent National Electoral Commission (INEC) has officially announced date to conduct election to fill the vacant Udu State Constituency in Delta State.

This was contained in a statement signed by Mohammed Kudu Haruna, National Commissioner and Chairman, Information and Voter Education Committee, on 14th August 2026.

INEC has fixed 21st–25th August 2026 for the conduct of party primaries for vacant state constituencies between 21st-25th August, 2026.

“The period for the conduct of primaries for bye-elections to fill recent vacancies into Gombe/Kwami/Funakaye Federal Constituency of Gombe State, Disina and Sakwa State Constituencies of Bauchi State, Udu State Constituency of Delta State, and Dawakin Kudu State Constituency of Kano State coincide with that of restored state constituencies in Delta and Kogi states.

“Elections into these constituencies including that of Udu State Constituency have been fixed for 19th September 2026.

“Political parties are requested to submit notices of their various primaries to the Commission before their scheduled dates.

“The Commission remains committed to ensuring credible, inclusive and transparent electoral processes,” it added.

It would be recalled that the Delta State House of Assembly on Tuesday, June 30, 2026 officially declared the Udu State Constituency seat, previously held by Hon. Collins Egbetamah, vacant, following Egbetamah’s departure from the All Progressives Congress (APC) and his subsequent affiliation with the Nigeria Democratic Congress (NDC).

The declaration was initiated by a motion from the House Leader, Hon. Emeka Nwaobi, and seconded by the Deputy Speaker, Rt. Hon. Arthur Akpowowo.

The motion received unanimous approval during a plenary session presided over by the Speaker, Rt. Hon. Emomotimi Dennis Guwor.

Speaker Guwor stated that the seat was declared vacant in accordance with Section 109(1)(g) and (2) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

He instructed the Clerk of the House to inform the Independent National Electoral Commission (INEC) of this resolution.

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,” Guwor stated.

This quote emphasizes the legal basis for the House’s decision, confirming that all necessary constitutional conditions for declaring the seat vacant due to a party defection were met.

Guwor further directed the Clerk to transmit the resolution to INEC and other pertinent authorities.

He requested that INEC undertake the necessary constitutional steps to organize a by-election to fill the vacancy, as stipulated by Section 116(2) of the constitution.

Presenting the motion, titled “Consideration of the Letter from Honourable Member Representing Udu State Constituency Pursuant to Section 109 of the Constitution,” Hon. Nwaobi highlighted that documents before the House confirmed Egbetamah’s defection from the APC to the NDC while still serving his term

He referenced Section 109(1)(g), which mandates that a member must relinquish their seat if they join another political party after being elected under the banner of a different party, unless specific constitutional exceptions apply.