Justice Emeka Nwite of the Federal High Court in Abuja has adjourned the hearing of a suit filed by Chief Brown Mene and other representatives of the Itsekiri Ethnic Nationality against the Independent National Electoral Commission (INEC).
The case, which seeks to block INEC from enforcing a Supreme Court judgment on the delineation of electoral wards in the Warri Federal Constituency, Delta State, will now be heard on December 17, 2024.
The plaintiffs include Chief Brown Oritseweyinmi Mene, Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, all representing the Itsekiri people from the Warri Federal Constituency, which comprises Warri North, Warri South, and Warri South-West Local Government Areas (LGAs) of Delta State.
The respondents in the case are INEC and the National Assembly.
The suit stems from a December 2022 Supreme Court judgment in Appeal No. SC/413/2016: Hon. George U. Timinimi & Ors v. INEC, which ordered INEC to conduct a fresh delineation of electoral wards and polling units across the three Warri LGAs in preparation for future elections. The judgment, delivered by a five-member panel led by Justice Kudirat Kekere-Ekun, mandated that the delineation process be completed before upcoming elections in the affected areas.
In compliance with the Supreme Court’s directive, INEC conducted a field survey from July 8 to 20, 2024, engaging local communities and stakeholders in the Warri constituencies.
However, following the completion of the delineation, the plaintiffs filed Suit No. FHC/ABJ/CS/1043/2024 at the Federal High Court on July 31, 2024, seeking an ex-parte order to halt the release of results from the delineation in Warri South LGA. The court granted the interim order, and later joined the Ijaw and Urhobo ethnic groups as parties to the case.
At the hearing on November 21, 2024, INEC’s counsel raised objections, arguing that the suit was an abuse of court process, asserting that no court could block the enforcement of a Supreme Court judgment.
The plaintiffs’ legal representation also changed following the withdrawal of their former counsel, Chief Olanipekun SAN and Chief Akin Olujunmi SAN. Senior lawyer Damian Dodo SAN appeared as the new counsel for the plaintiffs and requested an adjournment to review the case file.
Defendants’ counsels—Chief Albert Akpomudje SAN, Dr. Joseph Nwobike SAN, and S.O. Ibrahim SAN, representing the Ijaw, Urhobo, and INEC, respectively—agreed to the adjournment but expressed concerns about the plaintiffs’ lack of interest in progressing with the case after securing the interim order. The defendants also sought the vacation of the interim order.
The court subsequently adjourned the case to December 17, 2024, for further proceedings.
