Justice Emeka Nwite of the Federal High Court in Abuja has dismissed a suit seeking to prevent the Independent National Electoral Commission (INEC) from implementing the Supreme Court’s December 2, 2022, judgment on the delineation of polling units and electoral wards in Warri South Local Government Area of Delta State.
Ruling yesterday, the judge upheld INEC’s objection, stating that the plaintiffs’ suit amounted to an invitation for the Federal High Court to sit on appeal over a Supreme Court judgment—an act he described as “judicial rascality.”
He held that the case was statute-barred as it was filed outside the statutory three-month period. Consequently, the suit was dismissed
The Supreme Court, in Appeal No. SC/413/2016: Hon. George U. Timinimi & Ors v. INEC, directed INEC to conduct a fresh delineation of electoral wards and polling units in the Warri Federal Constituency.
The plaintiffs, led by Chief Brown Oritseweyinmi Mene, along with Mrs. Tserundede Faith Yashobo, Mrs. Tsaye Edeyibo-Mene, and Prince Joseph Arubi, represent the Itsekiri ethnic group in the Warri Federal Constituency, which includes Warri North, Warri South, and Warri South-West Local Government Areas.
After INEC completed its fieldwork, the plaintiffs approached the Federal High Court in Abuja (Suit No. FHC/ABJ/CS/443/2024), seeking an interim order to restrain INEC from releasing its report.
INEC, through Chief Albert Akpomudje (SAN) objected, arguing that the court lacked jurisdiction since the Supreme Court had decided the issue.
Dr. Joseph Nwobike (SAN) represented the Urhobos and Ijaws of Warri.
