The leadership of the Itsekiri ethnic nationality has called on the Independent National Electoral Commission (INEC) to abide by court rulings by reverting Warri South Constituency wards from 12 to 10.
Addressing journalists at a press conference on Friday at the Ologbotsere Residential Hall in Warri, the Egogo (mouthpiece) of Warri Kingdom, Chief Robinson Ariyo, on behalf of Concerned Itsekiri Leaders, said that INEC has remained adamant in executing various court judgments and rulings on the case over the years.
He noted that the press conference was necessitated by the “swift and impulsive reaction” of INEC to the 2022 Supreme Court judgment which ordered the re-delineation of wards in Warri Federal Constituency delivered on the 2nd of December, 2022.
He asserted that the number and structure of the wards that constituted Warri South Constituencies One and Two, were 10 wards and they were; Ode-Itsekiri, Ubeji, Obodo, Okere, Bowen, Pessu, Avenue, Esisi, Ekurede and Igbudu electoral Wards before two extra were added in 1996.
He added that the exercise that took the 10 electoral wards to 12 was a violent breach of the constitution of the Federal Republic of Nigeria, adding that though INEC was ordered to reverse the number in court rulings, nothing has since been done.
Chief Ariyo reiterated that INEC promised and affirmed that it had abided by the court rulings after several letters were sent to its office in Asaba regarding the issue in 2004 and a High Court Ruling in 2019, but nothing is on the ground to that effect.
He, therefore, warned that the Itsekiri Nation will not relent in its advocacy until the 12 wards are reversed to the initial 10 Wards, just as he described the action of INEC as a “model of selective justice, gross disrespect for court judgment, marginalisation, discrimination and oppression.”
Chief Ariyo, who displayed the various unexecuted court judgements before journalists during the world press conference, averred: “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.
“INEC has set in motion an extensive process of the engagement of stakeholders which ordinarily should be commendable and we make bold to say that we deeply appreciate it only as an opportunity provided by INEC for engagement with stakeholders on the subject matter.
“May we, however, regrettably observe, in a preliminary, very swift and concise fashion; that there is a similar judgment to that which has triggered the extant ongoing stakeholders meeting; a judgment which all parties are seized of but for the benefit of doubts, we hereby avail you a copy of same herewith and marked as Annexure “AR”, one which was first in time, final in nature and subsisting in law in respect of the Ward structure and number in Warri South Constituencies 1 & 2.
“It is true that the Supreme Court has ordered the re-delineation of Wards in Warri Federal Constituency. A careful perusal of the judgment would reveal 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.
“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.
“We elect to reserve the significance of this point for a later, date, time and venue; same being a constitutional point of law, which we must note, is binding on all the parties to this exercise.
“Perhaps because INEC realises correctly in our opinion that the process of enforcing a court judgment can be quite complicated and may result in further litigation, that is why the stakeholders have been called to be carried along with a view to attaining their buy in.
“We must commend INEC for this peacebuilding and conflict resolution measure; howbeit as we shall presently demonstrate, same is nothing but superficial.
“Whenever a review is required to be done, the principal task drivers, in this case, INEC, must first ascertain and interact with the default position or status quo.
“Applied to the task at hand, the status quo is very straightforward simple and pedestrian but has been made quite complicated by INEC and some of the contending parties in circumstances that are certainly contemptuous without any lawful justification.
“Perhaps, this avenue would enable us to urge you as members of the fourth estate of the realm to engage INEC to provide the justification for disrespecting a court judgment for more than two decades. Please kindly do and let the world know.
“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.
“In the above circumstances, it would be a herculean task to restore the confidence of the judgment Creditors in INEC; when INEC now seeks to represent itself as a body that respects judgments and orders of courts. Perhaps there are specific judgments INEC respects. It would be interesting to know.
“To place the extant allegation against INEC in perspective, it may be imperative to note that the gerrymandering exercise referred to in paragraph 2.3 above was challenged in court with the outcome that same was declared as unconstitutional, null, void and of no effect whatsoever. May we humbly refer again to Annexure “AR” attached herewith, the judgment in suit NO: FHC/B/109/97: BETWEEN JOSEPH OTUMARA & 8 ORS VS. INEC AND 5 ORS which was the outcome of a suit commenced by Originating Motion and the judgment of the Honourable Court was delivered on the 13th day of August, 2003. By way of emphasis pages 23 and 24 of the said judgment, pagination indicated on the right top corner of the said Annexure “AR” are hereby referred.
“The appeal against the judgment referred to in paragraphs 1.1 and 2.5 above was dismissed in APPEAL NO: CA/B/482M/2018: BETWEEN JOSEPH OTUMARA & 8 ORS VS. INEC AND 5 ORS on the 23rd day of October, 2018. We humbly refer to Annexure “AR2” herewith attached in that regard.
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“With the said issues fully rested by the dismissal of the Appeal and without any further appeal, even though the process of enforcement of the judgment was commenced against INEC and same has been on till date, the Delta State office of the INEC, in particular, has yet demonstrated unequivocal plans to continue in their flagrant refusal to obey the said judgment and rulings.
“To buttress the fact contained in paragraphs 2.4, 2.5 and 2.6 above, may we isolate two instances when the INEC Headquarters has instructed the obedience of the said judgment vide the following correspondences:
“Letter dated the 26th day of February, 2004 from the Headquarters of INEC to the Delta State REC on the need for the execution of the judgment of a copy of which letter is attached herewith and marked as Annexure “AR3”.
“Letter dated the 30th of March, 2004 from the Headquarters of INEC to the Delta State REC on the need for the execution of the judgment a copy of which letter is attached herewith and marked as Annexure “AR4”.
“The Federal High Court in suit NO: FHC/B/109/97: BETWEEN JOSEPH OTUMARA & 8 ORS VS. INEC AND 5 ORS on the 25th day of March, 2019 ordered INEC to obey the said judgment as per the legal number and ward structure of Warri South Constituencies 1 and 2, State constituencies of Delta State of Nigeria for the conduct of the 2023 Delta State House of Assembly elections for Warri South Constituencies 1 & 2. Attached herewith and marked as Annexure “AR5” is a copy of the said order.
“In reaction on its part, INEC promised and represented that it had obeyed the said judgment in several statements on oaths as well as affidavits; in which INEC not only admitted the knowledge of the said judgment but also stated that it had complied with it.
“Sadly, more than 20 years later INEC is yet to do the needful! Who knows why?”
Chief Ariyo, who was flanked by the Oshodi of Warri Kingdom, Chief Anthony Onuwaje, the Uwangue of Warri, Chief Gabriel Awala, and the Ogwa-Olusan of Warri Kingdom, Chief Brown Mene, urged INEC to first dismantle the illegal structure in order by obeying the previous court orders instead of setting “machineries in motion to isolate Warri again for delimitation/review when the whole country is constitutionally due for it,” as it did in 1996.
Meanwhile, when contacted on Friday by our correspondent, INEC’s Public Relations Officer (PRO) in Asaba, Ugo Nwuabani, could not immediately speak on the allegations.
She, however, acknowledged that there are ongoing meetings between stakeholders from Warri South, North and South West and the INEC REC in the state which contents have not been made public.
“You know there’s been a series of meetings on this issue. The commission in Delta is not keeping quiet about it. I will enquire from my HOD who was in the meeting to know deliberation today,” she quipped.
