Warri Federal Constituency: New legislation of Electoral Act, 2022, incapacitated Supreme Court judgement on Ward Delineation - IZM

An Itsekiri group, Itsekiri Zionists Movement, IZM, says there is legislation in the Electoral ACT, 2022, “which automatically incapacitated the Supreme Court judgement” as it relates to delineation of Wards in Warri Federal Constituency.

IZM position, was in reaction to a proposal revealed by INEC to stakeholders at Asaba, Delta State, Friday April 4.

In the proposal, INEC recommended eight wards for Itsekiri, two for Ijaw and ten for Urhobo in Warri South Local Government Area, five for Itsekiri and fourteen for Ijaw ethnic nationality in Warri South-West Local Government Area, then eight and ten wards for Itsekiri and Ijaw, respectively in Warri North Local Government Area.

Spokesman for Itsekiri Zionists Movement, Jeroma Felix Ogbemi, in a telephone chat with Fresh Angle International, weekend, asserted: “It is trite in law that the only thing that can set aside a supreme Court judgement is a legislation. Legal authority: OJO vs A.G OYO STATE (2008) 15 NWLR (PT 1110) 557 The Ijaws went to court with electoral ACT of 2010 and got their supreme Court judgement in 2021.

“In 2022 there was a new legislation of electoral ACT, 2022, which automatically incapacitated the Supreme Court judgement as unequivocally stated in the judicial authority above.

“If there's no more supreme Court judgement, then, what is the basis upon which INEC is conducting this delineation?

“Secondly, when our lawyer exposed this judicial authority to them in court and they knew they were in trouble, they hurriedly did a counter affidavit before the court that they were not holding any stakeholders meeting preparatory for any delineation, because they know the law does not permit them to do delineation.

“The bigger question is, can INEC depose to a counter affidavit that they weren't going to do any delineation before the court and still go ahead to do any delineation?

“Thirdly, in Ameachi vs INEC and Peter Obi vs INEC, the law is settled that once parties are in court and have been duly served, all parties to the case must maintain status quo, until litigation is exhaustive on the subject matter.

“Another very important question is, was INEC taken to court on this subject matter and were they duly served? If the answer is yes, then, why did they go ahead with the delineation when litigation has not been exhausted?

“Fourthly, section 40 of the 2022 electoral mandatorily states that once INEC has done any of delineation/alteration/creation of polling unit, registration area or electoral ward, they cannot do any other one until 10 years time.

“In 2022, INEC nationwide did creation of additional polling units and so, they are not permitted by law to do any other alteration by whatever name it is called until 2032. INEC never saw these exposures coming.

 “Now that the realities of these legal facts are staring at them in the court, they needed to satisfy their pay master by being seen to be doing something.

“No one should be bothered as all of these INEC is doing will translate to nothing in the eyes of the law.”

×