Abuja, March 4, 2025 – The Federal High Court in Abuja has dismissed a suit filed by Chief Brown Mene and two others seeking to restrain the Independent National Electoral Commission (INEC) from releasing the report on the fresh delineation of electoral wards and polling units in Warri North, Warri South, and Warri South West Local Government Areas of Delta State.
Justice Nwite, in delivering the ruling, held that the case amounted to an attempt to challenge a Supreme Court decision, describing it as “judicial rascality.” The court further ruled that the suit was statute-barred, having been filed outside the legally prescribed three-month period, and subsequently dismissed it.
Background of the Case
The Supreme Court, in its judgment on December 2, 2022, in Appeal No. SC/413/2016: Hon. George U. Timinimi & Ors v. INEC, had ordered INEC to conduct a fresh delineation of electoral wards and polling units in the Warri Federal Constituency. In compliance, INEC carried out fieldwork, visiting communities and settlements across the constituency.
However, before the commission could release its findings, members of the Itsekiri ethnic group, under Suit No. FHC/ABJ/CS/443/2024, approached the Federal High Court in Abuja, seeking an interim order to prevent INEC from proceeding with the implementation of the Supreme Court’s directive.
INEC’s Legal Position
INEC, represented by Suleiman Ibrahim, SAN, swiftly filed a preliminary objection, arguing that the Federal High Court lacked jurisdiction, as the matter had already been determined by the Supreme Court. This position was supported by Chief Albert Akpomudje, SAN, representing the Urhobos, and Dr. Joseph Nwobike, SAN, representing the Ijaws of Warri.
Justice Nwite upheld INEC’s argument, stating that revisiting a Supreme Court ruling would be judicial overreach. The case was also found to be statute-barred, having exceeded the statutory timeframe for filing such suits.
With this ruling, INEC is now free to proceed with the implementation of the fresh delineation report, as directed by the Supreme Court.
More to follow…
