ILOT to INEC: Revert to the original 10 wards in Warri South, before embarking on fresh delineation of wards/ units in Warri Federal Constituency

The respected Itsekiri Leaders of Thought, ILOT, has urged the Independent National Electoral Commission, INEC to revert to " the original ten (10) wards" in Warri South Local Government Area, " in compliance with the judgment of the Federal High Court in Suit No: FHC/ B/ 109/97," before embarking on fresh delineation of wards/ units in Warri Federal Constituency.                                     

Fresh Angle International can report that the demand by ILOT, was contained in a letter addressed to the Chairman of Independent National Electoral Commission, INEC. In the letter dated Friday April 26, the Itsekiri Leaders, led by Chief Edward Ekpoko (Chairman) Sir Amorighoye S. Mene (Secretary) and Chief Tony Ede ( PRO) through their Attorney, Steve Adehi, SAN & Co, accused INEC of " lawlessness, injustice, discrimination and oppression."                                       

The petition, sighted this morning, Saturday April 27, by This Flagship Niger Delta Online Newspaper, stated inter - alia: "Recently, the Commission invited stakeholders to a meeting at Asaba, Delta State, whereat the commission conveyed its intention to commence the delineation of electoral wards/units in Warri South, Warri South West and Warri North Local Govern ment Areas in the Warri Federal Constituency.

"The proposed exercise, according to the Commission is in obedience compliance with the Supreme Court Judgment in SUIT NO. SC/143/2016: HON. GEORGE TIMINIMI & ORS VS. INDEPENDENT ELECTORAL COMMISSION NEC) which was delivered on the 2nd of December, 2022.

"The Supreme Court Judgment in Suit No. SC/143/2016 directed as follows: “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.

"Our Clients are also in possession of the decision of a Federal High Court in SUIT NO. FHC/B/109/97: DR. JOSEPH OTUMARA & ORS VS. INDEPENDENT ELECTORAL COMMISSION (INEC) & ORS delivered on the 13th day of August, 2003.

"The said action at the Federal High Court was instituted to challenge the Commission's illegal creation of twelve (12) electoral wards instead of the then ten (10), Warri South Local Government Area on about 2/12/1998 contrary the law. In the purported re-delineation of the then ten (10) existing electoral wards of Warri South Local Government Area into twelve (12), some existing wards like Esisi, Ubeji, Avenue ceased to exist and new electoral wards like Okumagba I and Okumagba II, Edjeba, G.R.A., Ogunu/Ekurede Itsekiri, Obodo/Omadino were created. Existing electoral wards like Ubeji was merged and made part of Obodo Ward while the existing Esisi Ward was split into two (2) – G.R.A. & Edjeba. Also, existing Avenue Ward was split into two (2) wards called Okumagba I & Okumagba II Wards. The truth is that the merged electoral wards of Ubeji and Obodo are Itsekiri dominated areas while the wards that were split like Avenue Ward (split into Okumagba I & Okumagba II Wards) are areas pre dominated by Urhobo.

"The Federal High Court in Suit No. FHC/B/109/97 nullified the purported twelve (12) electoral wards structure for Warri South Local Government Area in the following words: "I have gone through all the subsequent Electoral Laws; no where it was stated that the provisions, with regard to the period of delineation has been reduced from 10 to 6 years.

"Rather all the relevant Laws made 10 years to be the limit.

"The exercise done by INEC in 1998, is therefore contrary to the provisions of the Local Government (Basic Constitutional and Transitional Provisions) Decree of 1989, which was the applicable law, when the cause of action arose. It was also done in flagrant disobedience to the Order of interlocutory injunction granted by Justice D. D. Abutu, on the 14/4/97, which clearly prohibited the lst Defendant from going ahead with the exercise. The exercise therefore is illegal, null and void and has no effect whatsoever. This is the Order of the Court."

"The appeal against the decision to the Court of Appeal was struck out on 28th October, 2003 for lack of diligent prosecution. There is no further appeal against the order. The judgment is therefore final.

"SELECTIVE ENFORCEMENT OF COURT JUDGMENT VIS-À-VIS JUDGMENT IN SUIT NOS. SC/413/2016 AND FHCB/109/97

The decision of both the Supreme Court in Suit No. SC/413/2016 and the Federal High Court decision in FHCB109/97, there being no further appeal against it, have equal weight and effect in law.

"Our Clients are appalled by the Commission's position during the stakeholders meeting that while emphasis was placed on the Supreme Court Judgment that of the Federal High Court was swept under the carpet. We are of the firm view that the Commission cannot choose and pick which of the judgments to obey as that will amount to lawlessness, injustice, discrimination and oppression.

"The case of the Warri South Local Government Area 10/12 electoral wards is a clear issue of gerrymandering in favor of an ethnic group in Warri Federal Constituency which the Federal High Court in Suit No. FHCB/109/97 has fully addressed. Our Clients are yet to understand why the Commission appears not to want to resolve/comply with the Federal High Court decision but quick to want to implement the Supreme Court Judgment only in the Warri Federal Constituency.

"Let's ponder for a moment - assuming the Commission gets the co-operation of the stakeholders to embark the delineation of electoral wards/units in the Warri South, Warri South West and Warri North Local Government Areas of the Warri Federal Constituency, is the exercise going to be based on the twelve (12) electoral wards structure declared illegal and invalid since 13th August, 2003 and upon which the Commission has been conducting all elections since then including the last one conducted in 2023? If your answer is NO, then are you going to collapse the illegal twelve (12) electoral wards (as declared by the Federal High Court Judgment) and re-instate the legal ten (10) electoral wards?

"The answers to these questions are germane because if the Commission does not fix Warri South Local Government Area 10/12 electoral wards debacle, the Commission cannot proceed with the exercise in the Warri Federal Constituency of which Warri South Local Government Area is a part electoral wards?

"You can only implement the Supreme Court Judgment based on electoral guidelines guided by the rule of law. If implementing the Supreme Court Judgment will infringe on the rights that have accrued to a party/stakeholder from Suit No. FHC/B/109/97, then that is injustice and our Clients will do everything legally allowable to protect their rights.

"Delineation of wards and electoral units is due nationwide as observed by the Supreme Court in the Judgment. One would therefore have expected that, if there are no ulterior motives, the exercise should be nationwide and not restricted to Warri Federal Constituency only.

OUR CLIENTS DEMAND

"We demand on behalf of our clients:

"The re-delineation of electoral wards/units is due nationwide and the exercise should be carried out simultaneously nationwide to allay the fears of our Clients that this exercise is a selective exercise being carried out to accomplish some set objectives.

"That the Commission reverts to the original ten (10) wards in compliance with the Judgment of the Federal High Court in Suit No: FHC/B/109/97 and carry out fresh delineation in line with current guidelines and template."

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