ABUJA/Nigeria: The Court of Appeal, Abuja Judicial Division, has dismissed an appeal filed by Itsekiri representatives seeking to halt the implementation of the Supreme Court judgment directing the fresh delineation of electoral wards and polling units in the Warri Federal Constituency of Delta State, effectively clearing the way for the implementation of the apex court’s order ahead of future elections.
The appeal, marked CA/ABJ/CV/1457/2025: Hon. Appearance Afejuku & Ors v. INEC & Ors, was filed by Hon. Appearance Afejuku, Youth President of the Itsekiri Ethnic Nationality, alongside three others. The matter was determined by a three-member panel of the Court of Appeal presided over by Justice Uchechukwu Onyemenam, which dismissed the appeal for lacking merit and affirmed the earlier judgment of the lower court.
The appellate court also upheld the N4 million cost awarded against the appellants, reaffirming that the issue surrounding the delineation of electoral wards in Warri had already been conclusively determined by the Supreme Court.
The development followed an earlier judgment delivered on July 1, 2025, by Justice Omotosho of the Federal High Court, who dismissed the suit seeking to restrain the Independent National Electoral Commission (INEC) from enforcing the Supreme Court judgment delivered on December 2, 2022, in SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC.
Justice Omotosho had held that the suit constituted a gross abuse of court process and lacked merit, agreeing with submissions made by counsel representing INEC as well as the Ijaw and Urhobo communities of Warri. The court also imposed a cost of N4 million with interest against the plaintiffs.
Dissatisfied with the decision, the Itsekiri representatives proceeded to the Court of Appeal, seeking to overturn the ruling and stop the implementation process.
However, in its judgment delivered on Friday, May 15, 2026, the Court of Appeal ruled that the matter had already been finally settled by the Supreme Court, thereby removing all legal impediments to the implementation of the apex court’s directive for fresh delineation before subsequent elections in the Warri Federal Constituency.
In a related development, the Federal High Court sitting in Warri also dismissed another suit instituted by Itsekiri plaintiffs challenging INEC’s interim report on the fresh delineation exercise.
The suit, FHC/WR/CS/37/2025: Ejeyi Philip & Ors v. INEC, sought to set aside the interim delineation report released by INEC on May 3, 2025.
The plaintiffs had argued that the Itsekiri people were not consulted before the delineation exercise was carried out.
However, the court held that the Supreme Court judgment did not make consultation with the Itsekiri ethnic nationality a prerequisite for implementation of the delineation process.
The court further described the suit as premature, noting that the interim report released by INEC was merely a proposal and not a final document.
The twin judgments are expected to further shape the political and electoral landscape of the Warri Federal Constituency as stakeholders await the final implementation of the delineation exercise ordered by the Supreme Court.
