Justice Emeka Nwite of the Federal High Court in Abuja has adjourned the hearing of a suit filed by Chief Brown Mene and others, representing the Itsekiri Ethnic Nationality, against the Independent National Electoral Commission (INEC).
The case, which seeks to prevent 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, aside from Chief Brown Oritseweyinmi Mene, include Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, all representing the people of Itsekiri ethnic extraction in the Warri Federal Constituency, which includes Warri North, Warri South, and Warri South-West Local Government Areas (LGAs) of Delta State.
Respondents in the case include INEC and the National Assembly.
The suit follows a December 2022 Supreme Court judgement 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 in the three Warri LGAs ahead of future elections.
The judgment, delivered by a five-member panel led by Justice Kudirat Kekere-Ekun, directed that the process be completed before subsequent elections in the affected areas.
In compliance with the Supreme Court’s directive, INEC carried out a field survey from July 8 to 20, 2024, in the Warri constituencies, engaging local communities and stakeholders in the process.
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.
After securing the interim order, the court subsequently joined the Ijaw and Urhobo ethnic groups as parties to the case.
At Thursday’s hearing, (November 21, 2024), INEC’s counsel raised objections, arguing that the suit was an abuse of court process, as no court could prevent the enforcement of a Supreme Court judgment.
However, following the withdrawal of the plaintiffs’ former legal representatives, Chief Olanipekun SAN and Chief Akin Olujunmi.SAN, senior lawyer Damian Dodo, SAN, appeared as the new counsel for the plaintiffs.
Dodo 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 over the plaintiffs’ lack of interest in moving forward with the case after obtaining the interim order. The defendants also requested that the interim order be vacated.
The court adjourned the case until December 17, 2024, for further proceedings.
