Supreme Court orders INEC to re-delineate electoral Wards, Units in 3 LGAs in Delta

The Supreme Court of Nigeria has ordered the Independent National Electoral Commission (INEC) to carry out a fresh delineation of electoral wards and units in the three local governments in Delta State.

The local governments to be so re-delineated, as ordered, are Warri South West, Warri South and Warri North local government areas of the state.

A five-member panel of the apex court, led by Justice Kudirat Kekere-Ekun, in a unanimous judgement, ordered that the delineation be carried out before the conduct of future elections in the affected areas.

Justice Uwani Abba-Aji, in the lead judgement, relied on the provision of Section 22 of the Supreme Court Act in issuing the order compelling the defendant (INEC), and its agents to conduct a fresh delineation of all the 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.

She made an order setting aside the judgement of the Court of Appeal, Benin Division, delivered February 1, 2016.

The Supreme Court’s judgement was delivered on December 2, 2022 after the appeal marked: SC/413/2016 filed by some Ijaws in Warri represented by Hon. George Timinimi and nine others.

Justice Abba-Aji noted that “it is the constitutional duty and responsibility of the respondent (INEC) to do what the appellants are asking it to do, especially in relation to relief three

“In the sum, this issue is resolved in favour of the appellants. The judgment of the lower court is hereby set aside. The appeal is allowed.

“By virtue of section 22 of the Supreme Court Act, I grant relief 3 of the appellants,” she said.

Justice Abba-Aji proceeded to issue an order “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.”

Timinimi and nine others had approached the Federal High Court in Asaba, seeking among others, the re-delineation of electoral wards and units in the three Warri councils.

The Federal High Court, however, dismissed the case, holding that, although the plaintiffs claimed locus standi, they did not show that they had interest over and above the other members of the wards, who were also not made parties to the suit.

The plaintiffs, unsatisfied, headed to the Court of Appeal, Benin, which affirmed the Federal High Court’s judgement, while the appellants proceeded to the Supreme Court for a redress.