Court dismisses suit seeking to stop INEC from implementing Supreme Court’s decision on Warri delineation
By Onyewuchi Ojinnaka
Justice Emeka Nwite of the Federal High Court sitting in Abuja has dismissed a suit seeking to prevent the Independent National Electoral Commission (INEC) from implementing the Supreme Court’s December 2, 2022, judgement on the delineation of polling units and electoral wards in Warri South Local Government Area of Delta State.
The Supreme Court had in Appeal No. SC/413/2016: Hon. George U. Timinimi & Ors v. INEC, directed INEC to conduct a fresh delineation of electoral wards and polling units in the Warri Federal Constituency.
The plaintiffs led by Chief Brown Oritseweyinmi Mene, along with Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, represent the Itsekiri ethnic group in the Warri Federal Constituency, which includes Warri North, Warri South, and Warri South-West Local Government Areas.
After INEC completed its fieldwork by visiting all communities and settlements in the constituency, the plaintiffs approached the Federal High Court in 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 Chief Albert Akpomudje, (SAN) while Dr. Joseph Nwobike (SAN) represented the Urhobos and Ijaws of Warri respectively.
Delivering his ruling on Tuesday, March 4, 2025, 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 judgement—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.
Consequently, the suit was dismissed.
