Justice Emeka Nwite of the Federal High Court, Abuja, has fixed March 4, 2025, for ruling, in a suit seeking to stop the Independent National Electoral Commission (INEC) from enforcing the December 2, 2022, judgment of the Supreme Court of Nigeria on fresh delineation of polling units and Electoral wards in Warri South Local Council of Delta State.

The plaintiffs are Chief Brown Oritseweyinmi Mene, 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 Councils of Delta State.

Respondents in the case include INEC and the National Assembly.

After INEC had visited all the communities in Warri North, Warri South and Warri South West local councils preparatory to delineation of fresh polling units and electoral wards in the areas, the Itsekiris went to court through Chief Wole Olanipekun (SAN) to obtain an interim order to restrain INEC from releasing the report of the delineation for Warri South Local Council.

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 November 21, 2024, for hearing, Olanipekun withdrew from the matter and Damien Dodo (SAN) took over the matter.

However, when the matter came up on December 17, 2024, for hearing of INEC’s objection, Dodo also withdrew, leaving Ama Etuwewe (SAN) to lead the Itsekiri legal team.

INEC’s objection to the suit is primarily on the ground that the Federal High Court cannot hear a matter that has been resolved by the Supreme Court, a position, Chief Akpomudje (SAN) and Dr. Joseph Nwobike (SAN) for the Urhobos and Ijaws respectively, supported.

In response, Etuwewe 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 Court decision on number of Wards in Warri South Local Council, hence the suit.

After hearing arguments from all parties, the court adjourned the matter to March 4, 2025, for ruling.