Abuja – Justice Emeka Nwite of the Federal High Court, Abuja, has dismissed a suit seeking to halt the Independent National Electoral Commission (INEC) from implementing the Supreme Court’s directive on the delineation of polling units and electoral wards in Warri South Local Government Area of Delta State.
The Supreme Court, in its December 2, 2022, judgment (Appeal No. SC/413/2016: Hon. George U. Timinimi & Ors v. INEC), mandated INEC to conduct a fresh delineation of electoral boundaries in the Warri Federal Constituency.
Dissatisfied with INEC’s compliance process, a group of plaintiffs led by Chief Brown Mene, alongside Mrs. Tserundede Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, representing the Itsekiri ethnic group, filed Suit No. FHC/ABJ/CS/443/2024. They sought an interim order to restrain INEC from releasing its report following extensive fieldwork across Warri North, Warri South, and Warri South-West Local Government Areas.
INEC, represented by Senior Advocate of Nigeria (SAN) Chief Albert Akpomudje, opposed the suit, arguing that the Federal High Court lacked jurisdiction since the matter had already been settled by the Supreme Court. Supporting INEC’s position, Dr. Joseph Nwobike, SAN, represented the interests of the Urhobo and Ijaw communities.
In his ruling, Justice Nwite upheld INEC’s objection, describing the suit as an attempt to have the Federal High Court sit on appeal over a Supreme Court decision—an action he condemned as “judicial rascality.” He further ruled that the case was statute-barred, having been filed outside the statutory three-month period.
Accordingly, the suit was dismissed, clearing the path for INEC to proceed with implementing the Supreme Court’s directive.
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