Ijaw, Urhobo accused INEC of defying Supreme Court order on Warri Federal Constituency delineation

The Indigenous Ijaw and Urhobo People of Warri Federal Constituency have accused the Independent National Electoral Commission (INEC) of undermining democracy by refusing to release and implement the Supreme Court-ordered ward delineation report. 

On Monday, during a world press conference in Warri by the Ijaw and Urhobo people, which was signed by Olorogun Victor Okumagba, (JP), Hon. Deinbofa Oweikpodor, Dr. Joel Bisina, Dr. Paul Bebenimibo, Chief Arthur Akpodubakaye, Rev. Samuel Ako, Chief Emmanuel Sekondi, Hon. Frank Pukon, Amb. Jude Ebitimi Ukori (JP), Chief David Reje, Comrade (Mrs) Margaret Ikinbor, Chief Monday Keme, Chief John Eranvor, Chief Sylvester Femi Okumagba,  Chief Wilson Ogbodu and Chief (Mrs) Ann Gagiyovwi (JP), they said, INEC's actions are a gross violation of the rule of law and a threat to their fundamental democratic rights.

Meanwhile, the Supreme Court, on December 2, 2022, ordered INEC to conduct a fresh delineation of electoral wards and polling units in Warri South-West, Warri North, and Warri South Local Government Areas of Delta State. 

The decision was based on the court's finding that the existing wards were flawed and did not satisfy statutory requirements for credible future elections. INEC had previously admitted to gerrymandering in the 1999 general elections, which led to skewed results and conflicts between Ijaw, Urhobo, and Itsekiri communities.

Full statement below:

A WORLD PRESS CONFERENCE BY THE INDEGENOUS IJAW AND URHOBO PEOPLE OF WARRI FEDERAL CONSTITUENCY ON THE SUPREME COURT ORDERED FRESH DELINEATION OF ELECTORIAL WARDS AND THE ONGOING CONTINUOUS VOTER REGISTRATION(CVR).

Distinguish ladies and gentlemen of the press. All entities and states that cherish and champion human rights, freedom and liberty, and all people of goodwill and democratic conscience in the World, we welcome you to this press conference.

It is with great sadness, yet unbroken resolve, that we, the undersigned representatives of the INDEGENOUS Ijaw and Urhobo People of Warri Federal Constituency bring to your attention the alarming plan of the Independent National Electoral Commission (INEC) to undermine and debase the rule of law, supress and strangulate our fundamental democratic rights to participate in the electoral processes, and unconscionably deal a death blow to democracy in Warri, Delta State.

HISTORICAL BACKGROUND 

Former military Head of State, Gen Abdulsalami Abubakar established the Independent National Electoral Commission (INEC) in 1998 with Justice Ephraim Akpata as chairman. The erudite jurist had the mandate of conducting the transitional elections from the military to civil rule that ushered in the 4th republic in May 29, 1999 with chief Olusegun Obasanjo as president of Nigeria.

The gerrymandering upon which the 1999 general election was conducted in Warri Federal Constituency was grossly skewed against the Ijaw and the Urhobo indigenous peoples of Warri Federal Constituency. Disappointedly, complaints were made to INEC.
INEC, in its post-election assessment report, made stunning and significant admission and regret of its lawlessness in the electoral processes as follows:
“We INEC are not unaware that some of the previous exercises (wards delineation) did not follow the relevant laws and guidelines, resulting in the skewed results in some instances. These were obviously designed to satisfy certain selfish interest. Such imbalances will be redressed using laid-down criteria” (INEC report of activities August, 1998 to December 1999). 

Furthermore, INEC noted the following: “In the federation, the exercise of (electoral constituency delineation) did not hold in almost 31 wards that cut across Ilaje LGA in Ondo State, Takun LGA IN Taraba State, Warri South-West LGA in Delta State and Toto LGA in Nasarawa State”. (INEC report of activities, August 1998 to December 1999, page 34 paragraph 5)
Distinguish members of the global press and advocates for human rights and democratic principles, it is important to draw your attention to the fact that it is the failure of INEC to address these imbalances that led to the Warri crisis, which unfolded in two phases: 

1997-1999 and 2002-2003, involving conflicts between Ijaw and Itsekiri, and Urhobo and Itsekiri.
We are compelled to revisit the precise words of chief Gani Fawewhinmi, a stalwart champion of democracy who aptly captured the essence of INEC’s trajectory as follows: “Believe it or not, INEC is far gone on the path of bringing disaster to our beloved country that, it is very doubtful if it can turn back” presidential candidate, National Conscious Party (NCP) 2003.

SUPREME COURT JUDGEMENT AND INEC DELAYED IMPLEMENTATION OF REPORT

After INEC’S damning admission of lawlessness in gerrymandering Warri, which led to crisis and failure to fulfil promises to rectify ward delineation in balances, affected leaders in Warri Sought judicial recourse. In Suite No. SC/413/2016, Hon George U. Timinimi and ors VS INEC, the Hon Justice Uwani Musa Abba Aji, Jsc in the following words at page 2 of judgement re-articulated fact in issue, inter alia 

“The Appellant case is that the Respondent, who is statutorily empowered  to delineate local governments in Nigeria into wards and units for the purposes of conducting elections into to elective offices have not properly delineated the Warri South-West, Warri South and Warri North local government areas of Delta State in accordance with statutory requirements. That consequent upon the failure, there exist fictitious wards and units used as instruments of electoral manipulation and subversion of the popular wish of the people during elections”. 

The above point was further reiterated by Hon Justice Kudirat Motonmori Olatokunbo Kekere-Ekun Jsc, now chief justice of Nigeria (CJN) as follows 
“It is their contention that there are in existence fictitious wards, that in some instances, multiple wards are located \in sparsely populated areas while the wards and units in some other areas are inadequate vis-à-vis the population. It is also contended that the registration of voters in some instances were done in private homes. On the whole, the failure of the respondent to deliberately carryout its statutory duty in this regard has led to a series of irregularity in the process of voter’s registration which in turn will affect the outcome of any future elections negatively”.

It is on the basis of the foregoing that, the supreme of Nigeria on the 2nd of December, 2022 ordered INEC 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”. 

In compliance with the Supreme Court ordered fresh delineation, INEC held several critical stakeholders meetings with representatives of the indigenous ethnic groups in Asaba, the Delta State capital.  Specifically, INEC held a stakeholder meeting on February 2, 2023, to inform stakeholders of the judgement delivered in George Timinimi & Nine ors vs the INEC and pleaded that they should be allowed to complete the 2023 electoral process which had started before the judgement was delivered, a plea stakeholder obliged INEC.  A follow up stakeholders meeting was held on the 4th of April,2023 where presentations were made on the guidelines for the field exercise by INEC. These stakeholders’ meetings culminated into weeks of stakeholders and INEC field works upon which a report was presented to stakeholders on the 4th of April 2025 in Asaba, the Delta State capital for review, with an expected proofread version incorporating minor corrections. Five months after the presentation, INEC has not been able to publish the final report, rather they have decided to commence a future election process in gross violation of the Supreme Judgement.  We are fully convinced that INEC seemingly compromised independence, lack of resolve, and vulnerability to selfish external influence has delayed the release and implementation of this crucial report, which is vital to defining and enhancing the democratic participation of the indigenous Ijaw and Urhobo people of Warri Federal Constituency.

OUR POSITION 

1. That the Supreme Court ordered judgment drawn upon INEC to delineate fresh wards and units in Warri presupposes that hitherto existed wards were flawed and does not satisfy statutory requirement for credible future elections,

2. That in the Supreme Court ordered judgement on INEC, the operative words are to “conduct fresh delineation” in the eyes of the law, there are no longer in existence electoral wards and units in Warri until the fresh exercise is concluded.

3. That it is criminal, illegal and contemptuous of the Supreme Court judgement by INEC, proceeding with the registration of voters in Warri Federal Constituency as there are no longer in existence electoral wards and units upon which the ongoing voter’s registration can stand. According to Lord Denning in the landmark case of UAC Vs McToy (1963) “You cannot put something on nothing and expect it to stand”.

OUR IRREVOCABLE DEMAND AND CONCLUSION

INEC should immediately release and implement the report painstakingly embarked upon by stakeholders. We shall not idly standby and watch our democratic rights and franchise fretted away by INEC’s lawlessness and disastrous irresponsibility. A stich in time saves nine.