From Godwin Tsa, Abuja
The Supreme Court has ordered the Independent National Electoral Commission (INEC) to conduct fresh delineation of electoral wards and units in Warri South West, Warri South and Warri North Local Government Areas of Delta State.
The apex Court ordered that the exercise be carried out before the conduct of future elections in the affected areas.
The judgment which was delivered last year December, was in respect of an appeal filed by Hon. George U. Timinimi, and 9 others, against INEC in the appeal Number SC/413/2016.
In the judgment, a copy of which was obtained by our correspondent, the Supreme Court in the lead judgment delivered by Justice Uwani Musa Abba-Aji, stated inter-alia: “By virtue of Section 22 of the Supreme Court Act, I grant relief 3 (a) of the appellants’ claim which is: ‘An order of this Honourable Court 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.”
The suit which gave birth to the judgment commenced at the Federal High Court, Asaba Judicial Division ,on the 28th day of March, 2011 ,when Hon. George U. Timinimi & 9 others filed an action by way of a writ of summons against INEC for themselves and on behalf of the Ijaws of Warri Federal Constituency of Delta State.
The appellants averred that INEC had not properly delineated wards and units in Warri South West, Warri South, and Warri North LGAs of Delta State in tandem with the existing population of the areas, adding that there were fictitious wards and units in existence in the three Warri councils.
They posited that such wards, and units, were being used as instrument of electoral manipulation and fraud.
lamenting that in some cases, areas with high population had less wards and units while sparsely populated areas had undeserved number of wards and units.
They specifically prayed for the following reliefs, “a declaration that the Warri South West, Warri North and Warri South LGAs of Warri Federal Constituency are not yet properly delineated into electoral wards and units by the defendant, its agents, servants, privies and assigns since 1999 till date for the purpose of registration of eligible voters with clearly identifiable wards and units in Delta State.
A declaration that any further election conducted within the Warri Federal Constituency to wit: Warri South West, Warri South and Warri North Local Government Areas of Delta without proper delineation of appropriate wards/units allocated according to the existing population by the Defendant in this suit is null and void.
A declaration that Warri Federal Constituency is due for fresh delineation of wards and units in compliance with the statutory and constitutional provisions of the Federal Republic of Nigeria.
An order of court 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 LGAs of Warri Federal Constituency in Delta State for the purpose of future elections
A perpetual injunction restraining the Defendant, its agents, servants, privies and assigns not to conduct any other election within the Warri Federal Constituency comprising Warri South West, Warri South and Warri North LGA until a new updated delineation of wards and units are put in place by the Defendant.
The Federal High Court, Asaba, and the Court of Appeal, Benin Judicial Division, dismissed the case of the appellants.
Disatisfied, the appellants through their Counsel, Eric Omare, appealed to the Supreme Court, which upturned the judgment of the two lower courts and ordered INEC to carry out fresh delineation of electoral wards and units in the Warri Federal Constituency of Delta State for the conduct of future elections.
