Court adjourns Warri delineation case for ruling

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 the fresh delineation of polling units and electoral wards in Warri South Local Government Area (LGA) of Delta State.

The plaintiffs are Brown Oritseweyinmi Mene, Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, all representing the people of the Itsekiri ethnic extraction in the Warri Federal Constituency, which includes Warri North, Warri South, and Warri South-West LGAs of Delta State.

Respondents in the case include INEC and the National Assembly.

After INEC visited all the communities in Warri North, Warri South, and Warri South-West LGAs in preparation for the delineation of fresh polling units and electoral wards in the three Warri LGAs, the Itsekiris went to court through Chief Wole Olanipekun (SAN) to obtain an interim order restraining 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 November 21, 2024, for hearing, Chief Olanipekun withdrew from the matter, and Damien Dodo (SAN) took over.

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 apex 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 includes some INEC officers of Ijaw extraction as members and failing to obey an earlier Federal High Court decision on the number of wards in Warri South LGA, hence the suit.

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