By Lukman Olabiyi
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 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 Government Areas (LGAs) of Delta State.
Respondents in the case include INEC and the National Assembly.
It would be recalled that after INEC had visited all the communities in Warri North, Warri South, and Warri South West Local Government Areas preparatory to the delineation of fresh polling units and electoral wards in the three Warri Local Government Areas, the Itsekiris went to court through Chief Wole Olanipekun, SAN, and Olujumi, SAN, to obtain an interim order to restrain 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, SAN, and Chief Olujunmi, SAN, 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, SAN, also withdrew, leaving Ama Etuwewe, SAN, to lead the Itsekiri legal team.
Suileman, SAN, moved INEC’s objection to the suit on the ground that the Federal High Court cannot hear a matter that has been resolved by the apex court, a position that Chief Akpomudje, SAN, and Dr. Nwobike, SAN, for the Urhobos and Ijaws, respectively, supported.
In response, Etuwewe, SAN, 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 an earlier Federal High Court ruling 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.