Delta Councils’ Boundary Adjustment: CDHR Fumes, Describes Exercise as Unlawful, Unconstitutional

The Committee for the Defense of Human Rights (CDHR) has frown at the recent boundary adjustment between Issele-Azagba and Okpanam communities in Delta State, describing the exercise as ‘unlawful and unconstitutional’.

The move has sparked widespread concern among residents and legal experts alike, with many warning of potential communal unrest if justice is not upheld.

The boundary realignment was reportedly authorized by officials including the Chairman of Aniocha North Local Government, the Chairman of Oshimili North Local Government, the Office of the Surveyor-General, and the Attorney-General and Commissioner for Justice of the State.

However, the CDHR, led by its National President, Comrade Dr. Kehinde Prince Taiga, addressing a press conference in Warri, yesterday, argued that such actions violate constitutional provisions and legal protocols.

“The powers to alter or adjust local government boundaries are constitutionally vested in specific authorities and require due process,” Taiga explained during the press briefing in Warri.

He referenced Section 8(3) of the 1999 Constitution and the National Boundary Commission Act, noting that local government chairmen lack the constitutional authority to unilaterally modify boundaries.

He contended that any boundary adjustment must involve proposals by the governor, approval by two-thirds of the affected local councils, a public referendum, and passage by the State House of Assembly—a process that has not been followed in this case, according to him.

The CDHR also raised concerns over the conduct of parties involved in the ongoing land dispute, which is before a competent court of law.

“Proceeding with boundary adjustments outside the judicial process undermines judicial independence and violates the doctrine of separation of powers,” Taiga asserted.

He further questioned the legitimacy of a purported “consent judgment” being used to justify the boundary adjustment, citing credible evidence of procedural irregularities and possible manipulation of judicial processes.

“Legal precedents such as “Ekpe v. Fagbemi and Woluchem v. Gudi” support the stance that consent judgments obtained through fraud or misrepresentation can and should be challenged and set aside”, he asserted.

The CDHR, however warned the Delta State Government officials, including local government chairmen and the Office of the Surveyor-General to refrain from actions that could escalate tensions in the councils.

“Any attempt to redraw boundaries without legal authority or community consensus is null and void,” the statement read.

Taiga, reiterated that Local Government Chairmen have no constitutional powers to adjust or alter boundaries between Local Government Areas, saying that such powers are clearly defined under Nigerian law and must follow due process.

The organization demanded an immediate halt to all boundary-related activities until the courts resolve the dispute, and called for an independent investigation into the alleged fraudulent judicial processes.

“The CDHR is deeply concerned that the boundary and land dispute between Issele-Azagba and Okparnam is already before a competent court of law, yet certain parties are proceeding with unlawful actions outside of the judicial process

“This conduct undermines the independence of the judiciary and violates the doctrine of separation of powers”, he said.

CDHR President however appealed for respect for the original boundaries established at the creation of the affected local government areas, emphasizing that any alterations must follow constitutional procedures.

The group urged the Delta State government to uphold justice and prevent communal violence, advocating for a peaceful, lawful resolution to the dispute.

“We are committed to defending constitutional order, community rights, and Nigeria’s legal system,” Taiga affirmed. “We call on all stakeholders to act with transparency and integrity to preserve peace in Delta State.”

The CDHR further urged the people of Okpanam and Issele-Azagba to remain peaceful and vigilant as legal processes unfold.