Justice Emeka Nwite of the Federal High Court in Abuja has dismissed the suit seeking to prevent the Independent National Electoral Commission (INEC) from implementing the Supreme Court’s December 2, 2022, judgment regarding the delineation of polling units and electoral wards in Warri South Local Government Area of Delta State.
It would be recalled that on the 2nd day of December, 2022, the Supreme Court in Appeal No. SC/413/2016: HON. GEORGE U. TIMINIMI & Ors v. INEC ordered the Independent National Electoral Commission to carry out fresh delineation of electoral wards and polling units in the Warri Federal Constituency.
The plaintiffs, led by Chief Brown Oritseweyinmi Mene, include Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi.
They represent the Itsekiri ethnic group in the Warri Federal Constituency, which comprises Warri North, Warri South, and Warri South-West Local Government Areas.
However, after INEC had completed its field work by visiting all the communities and settlements in the Warri Federal Constituency of Delta State, the Plaintiffs approached the Federal High, Abuja in Suit No. FHC/ABJ/CS/443/2024 to obtain an interim order to restrain INEC from releasing its report.
In response INEC filed a notice of preliminary objection challenging the jurisdiction of the Court to hear the matter having been decided by the Supreme Court.
INEC’s position was canvassed by Chief Albert Akpomudje, SAN while Dr. Joseph Nwobike, SAN represented the Urhobos and Ijaws of Warri respectively.
Delivering ruling on the INEC’s objection on Tuesday (March 4, 2025), Justice Nwite held that the claim of the Plaintiffs amounts to an invitation for the Federal High Court to sit on appeal over a judgment of the Supreme Court, an act the court referred to as judicial rascality.
The court further held that the suit was also statute barred, having been filed outside the statutory three months period.
