Itsekiris tells INEC to respect S’Court judgment on review of Warri Federal Constituency

The Concerned Itsekiri Leaders has frowned at the proposed execution of the delimitation/review of Warri Federal Constituency by the 

Independent National Electoral Commission (INEC).

Chief Robinson Ariyo, the Egogo of Warri Kingdom declared this on behalf of the Leaders at the weekend during an International Press Conference held in Warri, Delta.

The legal practitioner said that the conference was informed by what he described as a “bizarrely swift and apparently impulsive reaction of INEC” to the 2022 Supreme Court judgement.

The suit number SC/413/2016 involved Hon. George Timinimi & 9 Ors vs. INEC a copy of the 

judgment, marked Annexure “INEC 001,” which he made available to newsmen at the conference.

According to him, it was true that the Supreme Court had ordered the re-delineation of Wards in Warri Federal Constituency which comprised: Warri North, Warri South and Warri South-West Local Government Areas.

The Egogo of Warri Kingdom, however, said that careful perusal of the judgement revealed that the Supreme Court essentially only gave effect to the provisions of Section 114 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. 

While asking on the period of time within which INEC should review state constituencies, Ariyo responded that the Supreme Court called upon the provision of Section 114 (1) of the Constitution (Supra) 10 years.  

“Has that time elapsed in the case of Warri Federal Constituency? 

“By the facts, the time has elapsed and as such, it ordered the review of the state constituencies. 

“The point must however be made that the lapse of time in this respect is not a preserve of Warri Federal Constituency but that of the entire Federation,” he said

Ariyo, though commended INEC for setting in motion an extensive process of the engagement of stakeholders to peaceful resolution.

He noted that whenever a review was required to be done, the principal task drivers, in this case INEC must first ascertain and interact with the default position or status quo. 

The lawyer said that there was no legal basis for the ward number and structure with which INEC had been perennially conducting elections in Warri South for the past 21 years in the face of court judgment, and multiple orders to that effect. 

“By virtue of the applicable statute, Decree No. 51, published in the Gazette, of 1992, a copy of which we humbly attach herewith and mark as Annexure “AR1”.

“The number and structure of the Wards that constitute the sphere now known as Warri South Constituencies 1 & 2 was, remained

“And should remain the 10 Wards of 1. Ode-Itsekiri, 2. Ubeji, 3. Obodo, 4. Okere, 5. Bowen, 6. Pessu, 7 Avenue, 8. Esisi, 9. Ekurede and 10. Igbudu electoral Wards. 

“Sometime in 1996, a very malignant gerrymandering exercise was carried out by a section of the then electoral body resulting in the restructuring of the Warri South Constituencies 1 & 2 from 10 to 12 Wards.

“In number with a politically obscure structure in violent breach of the Constitution of the Federal Republic of Nigeria. 

“Despite the fact that INEC has been ordered to jettison this illegal Ward structure and number in various court judgments and rulings, it has not done so even till today,” Ariyo said.

The legal practitioner said that INEC promised and represented that it had obeyed the said judgment in several statements on oaths as well as affidavits

According to him, sadly enough, more than 20 years later INEC is yet to do the needful and no stakeholders meeting has ever been called until now.

“It is worthy of note that the agitation for the execution of the judgment has been perennial, the people of Itsekiri who are the Judgment Creditors have been unprecedentedly patient and accommodating but may not be so for any longer.

“It may interest us to know that the people of Itsekiri have on this subject matter, transcended all the possible phases in litigation within the past 21 years to sell this legal point to INEC unsuccessfully even with the instructions and directives of courts. 

“We have done at least Two Election Tribunal Cases from the lowest Court to the highest court to demonstrate the illegality of the 12 Ward number and structure, we have done Pre-election cases.

“We have done the regular court litigations including judgment enforcement procedure with the aim of committal of Senior INEC Officials. 

‘When this happens the temptation would be to say; “The people of Itsekiri have started again”! As we all know,  in 1962, John Kennedy was credited with what has become a very famous advocacy statement; “Those who make peaceful revolution impossible will make violent revolution inevitable.”

“Adapted to the extant context, those who make persuasive litigation impossible will make harsh litigation like committal proceedings inevitable.       

“We are now constrained by the conduct of INEC to recalibrate our strategy by reintroducing the initial committal proceedings which we discontinued upon the plea of INEC for time for it to execute the judgment. 

“Sadly INEC lied to us and failed to do the needful; hence we have now commenced preliminary committal processes on 18th April, 2024 and we are resolved to follow through to the end no matter whose ox is gored. Please be our witness,” he said.

Ariyo said that while the Itsekiri remained consistent in their engagement strategy, “we hereby bring to the notice of INEC and vehemently protest the following:

“The breach of the fundamental rights of the people of Itsekiri vide what comes across as a manipulation of the records of the stakeholders’ meeting of the 5th day of April, 2023.

“The Supreme Court never nullified the structures that were on the ground before now and for which INEC has remained in contempt for over 21 years.

“Which Ward structure and number is INEC seeking to review in Warri South? Is it the 10 Ward structure or the 12 Ward structure,” he said.

Ariyo urge INEC to first dismantle the illegal structure in order to begin the process of executing the modernised structure.

Recalled that as the electoral umpire did with isolating Warri for review in 1996, it has now set machineries in motion to isolate Warri again for delimitation/review when the whole country was constitutionally due for it. 

He described the move as a model of selective justice, discrimination, marginalisation, gross disrespect for court judgement and oppression of the Itsekiri ethnic nationality.

The Itsekiri leaders, however, vowed to continue their advocacy for justice, equity, and fairness in the electoral process and urged INEC to reconsider its actions and uphold the rule of law in its mandates