Since November 2023, when the Court of Appeal in Lagos invalidated the election of Hon. Destiny Nwagwu and declared Hon. Aaron Uzodike as the duly elected member representing Aba North in the Abia State House of Assembly, the Speaker, Hon. Emmanuel Emeruwa, has refused to comply with the court’s ruling. Emmanuel Ugwu-Nwogo reports.
Aba North has had no representation in the Assembly since November 27, 2023, when the Court of Appeal voided Nwagwu’s mandate and declared Uzodike as the rightful occupant of the Aba North seat in the Eighth Abia House. Uzodike, a member of the seventh Abia House under the Peoples Democratic Party (PDP), lost to Labour Party’s Nwagwu in the 2023 general election but contested the result at the Abia State Governorship and House of Assembly Elections Petitions Tribunal. After losing at the tribunal, Uzodike appealed and won on November 27, 2023. The appellate court ordered the Independent National Electoral Commission (INEC) to withdraw Nwagwu’s Certificate of Return and issue a new one to Uzodike, which INEC did on December 13, 2023.
Despite receiving his certificate, Uzodike has not been able to assume his seat. Nwagwu obtained an ex-parte order from the Abia State High Court in Ukwa, restraining Speaker Emeruwa from inaugurating Uzodike. This order was presented to the Speaker on December 18, 2023, leading Emeruwa to delay the inauguration despite the appellate court’s final ruling on the matter.
On March 19, 2024, Justice C. H. Ahuchaogu dismissed Nwagwu’s case at the state high court, but Uzodike’s struggle to join the Abia House continued. Speaker Emeruwa cited the lack of a specific order from the appellate court to swear in Uzodike and an injunction restraining him as reasons for the delay. Additionally, Emeruwa mentioned that forms 48 and 49 had been filed against him, threatening imprisonment for contempt of court, complicating his ability to swear in Uzodike.
Political tensions are evident as Uzodike’s success at the appellate court increases PDP’s numbers in the House, challenging Labour Party’s control. At the Eighth Abia House inauguration on June 14, 2023, PDP had 11 members, Labour Party had 10, Young Progressives Party (YPP) had two, and All Progressives Congress (APC) had one. The PDP’s majority was undermined by Labour Party’s political maneuvers, but Uzodike’s victory would shift the balance, making PDP the majority.
Labour Party, keen to maintain its control, allegedly orchestrated local traditional rulers to declare Uzodike’s seat vacant, suggesting he had fled abroad. This ploy, aimed at initiating a by-election, was met with public outrage.
The PDP, frustrated by the Speaker’s inaction, has pressured Emeruwa to respect the appellate court’s decision. Abia PDP Vice Chairman, Elder Amah Abraham, emphasized that all necessary conditions for Uzodike’s inauguration have been met, condemning the delay as arbitrary and illegal. The party warned that continued defiance could lead to unrest in Aba North and beyond.
Opposition parties and other stakeholders have also criticized the Speaker’s stance. AAC’s state chairman, Comrade Ezumaibe Kelechiukwu, and YPP’s chairman, Chimex Ogbonna, have called for Uzodike’s immediate swearing-in to uphold democratic principles and justice.
Uzodike has appealed to Governor Otti to intervene, asserting that no legal barriers remain against his inauguration. Meanwhile, Nwagwu, after unsuccessfully contesting his loss, was inaugurated as a member of the Abia State House of Assembly Service Commission on July 16, 2024.
The ongoing political struggle highlights the complexities and challenges within Abia State’s legislative processes and the broader implications for democratic governance.
