The Court of Appeal, Abuja Judicial Division, has dismissed an appeal filed by representatives of the Itsekiri ethnic nationality seeking to stop the implementation of the Supreme Court-ordered fresh delineation of electoral wards and polling units in the Warri Federal Constituency of Delta State.
The appeal, marked CA/ABJ/CV/1457/2025: Hon. Appearance Afejuku & Ors v. INEC & Ors, was filed by Hon. Appearance Afejuku, identified as the Youth President of the Itsekiri Ethnic Nationality, alongside three others.
The three-member panel of the appellate court, presided over by Justice Uchechukwu Onyemenam, dismissed the appeal for lacking merit and upheld the earlier judgment delivered by the Federal High Court.
The appellate court also sustained the ₦4 million cost awarded against the appellants, reinforcing the position that the issue surrounding the delineation exercise had already been conclusively determined by the Supreme Court.
The development is expected to pave the way for the full implementation of the apex court’s December 2, 2022 judgment in SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC, which directed the Independent National Electoral Commission (INEC) to carry out a fresh delineation exercise in the Warri Federal Constituency before future elections.
It would be recalled that Justice Omotosho of the Federal High Court, Abuja, on July 1, 2025, dismissed the suit instituted by the Itsekiri plaintiffs on grounds that it constituted a gross abuse of court process and lacked merit.
Counsel representing INEC, as well as Ijaw and Urhobo interests in the matter, had argued that the Supreme Court judgment was final and binding on all parties.
In addition to dismissing the case, the Federal High Court awarded ₦4 million cost against the plaintiffs, a decision now affirmed by the Court of Appeal.
Meanwhile, another legal challenge filed by Itsekiri plaintiffs against INEC’s interim report on the fresh delineation exercise has also been dismissed by the Federal High Court sitting in Warri.
The suit, marked FHC/WR/CS/37/2025: Ejeyi Philip & Ors v. INEC, sought to set aside the interim report released by INEC on May 3, 2025.
The plaintiffs had argued that the Itsekiri people were not consulted before the delineation exercise was conducted.
However, the court held that the Supreme Court judgment did not make consultation with the Itsekiri ethnic nationality a condition for implementing the delineation directive.
The court further described the suit as premature, noting that the interim report issued by INEC was merely a proposal and not a final document.
The rulings are seen as significant legal victories for the continuation of the contentious Warri delineation process ahead of future electoral exercises in Delta State.
