Appeal Court Quashes Lawsuit Challenging INEC Warri Ward Delineation Report

…upholds N4m cost

A lawsuit challenging the Independent National Electoral Commission (INEC) interim report on the delineation of wards and units in Warri Federal Constituency, has been dismissed by the Federal High Court sitting in Warri, Delta State.

The report was released on May 3, 2025 but it was challenged by some Itsekiri plaintiffs in a suit marked FHC/WR/CS/37/2025: Ejeyi Philip & Ors v. INEC.

The plaintiffs argued that the Itsekiri ethnic nationality was not consulted before the delineation exercise was carried out.

However, the court ruled that the Supreme Court judgment did not require INEC to consult any ethnic group before implementing the delineation order.

The court further held that the suit was premature since the interim report issued by INEC remained only a proposal and not a final document.

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The latest rulings are expected to heighten political discussions across Delta State, where the delineation exercise has remained a sensitive issue among the Ijaw, Itsekiri and Urhobo ethnic nationalities over representation and electoral balance in Warri Federal Constituency.

In a related development, the Court of Appeal in Abuja, has dismissed an appeal against the exercise, affirming a N4 million cost awarded against the appellants.

The appellate court ruling has effectively cleared the way for the Independent National Electoral Commission (INEC) to continue implementing the Supreme Court judgment ordering a fresh delineation in the politically sensitive Warri Federal Constituency of Delta State.

The appeal, marked CA/ABJ/CV/1457/2025: Hon. Appearance Afejuku & Ors v. INEC & Ors, was filed by Itsekiri youth leader, Hon. Appearance Afejuku, and three others seeking to stop the enforcement of the Supreme Court judgment delivered on December 2, 2022.

Delivering judgment on Friday, May 15, 2026, a three-member panel of the Court of Appeal led by Justice Uchechukwu Onyemenam dismissed the appeal for lacking merit and upheld the N4 million cost earlier awarded by the Federal High Court.

The appellate court agreed that the issue of Warri delineation had already been conclusively settled by the Supreme Court in SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC.

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The judgment reaffirmed an earlier decision by Justice Omotosho of the Federal High Court, Abuja, delivered on July 1, 2025, which described the suit as a gross abuse of court process and lacking in merit.

Counsel representing INEC, as well as Ijaw and Urhobo interests in the matter, had argued that the apex court ruling must be implemented ahead of future elections in the oil-rich constituency.