Justice Emeka Nwite of the Federal High Court in Abuja has scheduled March 4, 2025, to deliver a ruling in a case 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.
The lawsuit, filed against INEC and the National Assembly, stems from concerns over the fairness of the delineation process.
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.
Respondents in the case include INEC and the National Assembly.
It would be recalled that after INEC had visited all the communities in Warri North, Warri South and Warri South West Local Government Areas preparatory to delineation of fresh polling units and Electoral wards in the three Warri Local Government Areas, the Itsekiris went to court through Chief Wole Olanipekun, SAN and Olujumi, SAN to obtain an interim order to restrain INEC from releasing the report of the delineation for Warri South LGA.
INEC consequently filed a notice of preliminary objection challenging the jurisdiction of the Federal High Court to hear the matter since the Supreme Court had decided on it.
When the matter came up on 21st November, 2024 for hearing, Chief Olanipekun, SAN and Chief Olujunmi, SAN, withdrew from the matter and Damien Dodo, SAN took over.
However, when the matter came up on the 17th of December, 2024 for hearing of INEC’s objection, Dodo, SAN also withdrew, leaving Ama Etuwewe, SAN to lead the Itsekiri legal team.
Suileman, SAN moved INEC’s objection to the suit primarily on the ground that the Federal High Court cannot hear a matter that has been resolved by the apex court, a position, Chief Akpomudje, SAN and Dr. Nwobike, SAN for the Urhobos and Ijaws, respectively, supported.
In response, Etuwewe, SAN argued that INEC has displayed bias in implementing the judgment of the Supreme Court by constituting a delineation committee that has some INEC officers of Ijaw extraction as members and failed to obey earlier Federal High on number of Wards in Warri South LGA , hence the suit.
After hearing arguments from the respective Counsel, the court adjourned the matter to March 4, 2025 for ruling.
