Warri Federal Constituency: Court adjourns ruling on suit seeking to restrain INEC from enforcing Supreme Court Judgement
By Onyewuchi Ojinnaka
Justice Emeka Nwite of the Federal High Court sitting in Abuja has fixed March 4, 2025 for ruling, in a suit seeking to restrain the Independent National Electoral Commission (INEC) from enforcing the judgement of the Supreme Court of Nigeria delivered on December 2, 2022, on fresh delineation of polling units and Electoral wards in Warri South Local Government Area of Delta State.
The Plaintiffs in the suit comprising Chief Brown Oritseweyinmi Mene, Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, are representing the people of Itsekiri ethnic extraction in the Warri Federal Constituency, while the Respondents are INEC and the National Assembly.
Warri Federal Constituency in made up of Warri North, Warri South, and Warri South-West Local Government Areas of Delta State.
Recall 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 Warri Federal Constituency, the Itsekiris went to court through their counsel Chief Wole Olanipekun (SAN) and Olujunmi (SAN) to obtain an interim order to restrain INEC from releasing the report of the delineation for Warri South LGA.
Consequently, in response, INEC filed a notice of preliminary objection challenging the jurisdiction of the Federal High Court to hear the matter which the Supreme Court had already decided on it.
Meanwhile, when the matter came up on 21st November, 2024 for hearing, Chief Olanipekun (SAN) and Chief Olujunmi, (SAN), withdrew from the case while Damien Dodo (SAN) took over and the case was adjourned to December 17 for hearing.
However, when the matter came up on December 17, 2024 for hearing of INEC’s preliminary objection, Damian Dodo also withdrew, leaving Ama Etuwewe, (SAN) to lead the Itsekiri legal team.
Counsel to INEC, Mr Suileman (SAN) moved INEC’s objection which was primarily on the ground that the Federal High Court cannot hear a matter that has been resolved by the Apex Court, a position which Chief Akpomudje, (SAN) and Dr. Joseph Nwobike, (SAN) for the Urhobos and Ijaws, respectively, aligned with.
Responding, Etuwewe argued that INEC has displayed bias in implementing the judgement 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 decision on the 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.
