Alex Enumah in Abuja
The Supreme Court has barred the Independent National Electoral Commission (INEC) from conducting any election in Warri South West, Warri South and Warri North Local Government Areas of Delta State, until a fresh delineation is done in the electoral wards and units in the areas.
The order was in respect of the appeal marked SC/413/2016 and filed by Hon. George Timinimi and nine others against INEC.
In the judgment delivered by Justice Uwani Musa Abba-Aji, on December 2, 2022, a copy of which was obtained by THISDAY, the Supreme Court stated inter-alia: “By virtue of Section 22 of the Supreme Court Act, I grant relief 3 (a) of the appellants’ claim which is: ‘An order of this court compelling the defendant, its agents, servants, privies and assigns to conduct a fresh delineation of all that electoral wards/polling units for Warri South West, Warri North and Warri South Local Government Areas of Warri Federal Constituency in Delta State for the purpose of future elections.”
The suit which gave birth to the judgment commenced at the Federal High Court, Asaba Judicial Division on March 28, 2011.
The appellants/plaintiffs had sued INEC on behalf of themselves and the Ijaws of Warri Federal Constituency of Delta State, claiming that INEC did not properly delineate wards and units in Warri South West, Warri South and Warri North Local Government Areas of Delta State in tandem with the existing population of the areas.
They further claimed that there were fictitious wards and units in existence in the three Warri councils hence the need for a fresh delineation.
In their arguments, they submitted that such wards and units were being used as instrument of electoral manipulation and fraud, lamenting that in some cases, areas with high population had less wards and units, while sparsely populated areas had undeserved number of wards and units.
They therefore asked the court to declare “that the Warri South West, Warri North and Warri South Local Government Areas of Warri Federal Constituency are not yet properly delineated into electoral wards and units by the defendant, its agents, servants, privies and assigns since 1999 till date for the purpose of registration of eligible voters with clearly identifiable wards and units in Delta State.
“A declaration that any further election conducted within the Warri Federal Constituency to wit: Warri South West, Warri South and Warri North Local Government Areas of Delta without proper delineation of appropriate wards/units allocated according to the existing population by the defendant in this suit is null and void.
“A declaration that Warri Federal Constituency is due for fresh delineation of wards and units in compliance with the statutory and constitutional provisions of the Federal Republic of Nigeria.
They also sought the order of the court compelling the defendant, its agents, servants, privies and assigns to conduct a fresh delineation of all that electoral wards/polling units for Warri South West, Warri North and Warri South Local Government Areas of Warri Federal Constituency in Delta State for the purpose of future elections
Also sought was order of perpetual injunction restraining the defendant, its agents, servants, privies and assigns not to conduct any other election within the Warri Federal Constituency comprising Warri South West, Warri South and Warri North Local Government Areas until a new updated delineation of wards and units are put in place by the defendant.
However, the Federal High Court, in Asaba and the Court of Appeal, Benin Judicial Division, dismissed the case of the appellants.
Dissatisfied, the appellants through their counsel, Mr. Eric Omare, appealed to the Supreme Court which in its verdict upturned the judgments of the two lower courts and ordered INEC to carry out fresh delineation of electoral wards and units in the Warri Federal Constituency of Delta State for the conduct of future elections.
