Justice Emeka Nwite of the Federal High Court, Abuja, has scheduled March 4, 2025, for a ruling on the contentious suit seeking to stop the Independent National Electoral Commission (INEC) from enforcing a December 2, 2022, Supreme Court judgment. The judgment mandates the delineation of polling units and electoral wards in Warri South Local Government Area, Delta State.

Overview of the Case

The plaintiffs—Chief Brown Oritseweyinmi Mene, Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi—represent the Itsekiri ethnic group in Warri Federal Constituency. This constituency includes Warri North, Warri South, and Warri South-West LGAs of Delta State.

The defendants are INEC and the National Assembly.

The suit arises from Supreme Court Judgment No. SC/413/2016: Hon. George U. Timinimi & Ors v. INEC, which directed a fresh delineation of electoral wards and polling units in Warri LGAs.

Key Developments

INEC’s Actions

INEC initiated compliance with the Supreme Court ruling by visiting the affected communities to assess the delineation. However, the plaintiffs sought to halt the process, citing bias in the committee’s composition, which allegedly favored officers of Ijaw extraction.

Legal Maneuvering

1. Jurisdictional Challenge:
   INEC filed a preliminary objection, arguing the Federal High Court lacks jurisdiction as the Supreme Court has already decided the matter.
2. Shifting Legal Representation:
   The plaintiffs initially engaged Chief Wole Olanipekun (SAN) and Akin Olujinmi (SAN), both of whom withdrew in November 2024. Their replacement, Damien Dodo (SAN), also stepped down, leaving Ama Etuwewe (SAN) to lead the case.
3. Opposition:
   Legal teams representing the Urhobo and Ijaw ethnic groups, led by Dr. Joseph Nwobike (SAN), supported INEC’s objection, reinforcing the Supreme Court’s finality on the matter.

Allegations Against INEC

The plaintiffs accused INEC of:

• Bias in Committee Composition: Including Ijaw representatives while excluding Itsekiri officers.
• Non-Compliance: Failing to adhere to previous Federal High Court rulings concerning ward allocations in Warri South LGA.

What’s at Stake?

The outcome of this case has far-reaching implications:

1. Electoral Equity: It affects the political representation of ethnic groups in Delta State.
2. INEC’s Credibility: Upholding its actions could solidify INEC’s authority in electoral management.
3. Tensions in Delta State: A ruling perceived as unfair could deepen ethnic divisions in the Warri region.

Timeline of Events

• December 2022: Supreme Court orders fresh delineation in Warri LGAs.
• November 2024: Plaintiffs secure an interim order to halt INEC’s delineation process.
• December 2024: INEC objects to Federal High Court jurisdiction.
• March 4, 2025: Ruling date set by Federal High Court.

Next Steps

All eyes are on Justice Nwite’s ruling, which will clarify whether INEC can proceed with delineation or if the case requires further legal interpretation.