Justice Emeka Nwite of the Federal High Court, Abuja, has dismissed a suit seeking to prevent the Independent National Electoral Commission (INEC) from implementing the December 2, 2022, judgment of the apex court on the delineation of polling units and electoral wards in Warri South Local Council Area of Delta State.

The Supreme Court, in an appeal marked SC/413/2016: Hon. George U. Timinimi & Ors v. INEC, had directed INEC to conduct a fresh delineation of electoral wards and polling units in the Warri Federal Constituency.

The plaintiffs, led by Brown Oritseweyinmi Mene, along with Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, said they represent the Itsekiri ethnic group in the Warri Federal Constituency.

The federal constituency includes Warri North, Warri South, and Warri South-West local council areas. After INEC completed its fieldwork by visiting all communities and settlements in the constituency, the plaintiffs approached the Federal High Court, Abuja (Suit No. FHC/ABJ/CS/443/2024), seeking an interim order to restrain INEC from releasing its report.

In response, INEC filed a preliminary objection, arguing that the court lacked jurisdiction to hear the matter since it had already been decided by the Supreme Court.

INEC’s position was canvassed by Albert Akpomudje, while Dr. Joseph Nwobike represented the Urhobo and Ijaw of Warri, respectively. Delivering his ruling yesterday, Justice Nwite upheld INEC’s objection, stating that the plaintiffs’ suit amounted to an invitation for the Federal High Court to sit on appeal over a Supreme Court judgment, an act he described as “judicial rascality.”

The court further ruled that the case was statute-barred, as it was filed outside the statutory three-month period. It, consequently, dismissed the suit.