IBY
Peterside Rejoice Eneky
The Nigerian Senate has called for the restoration of the Aniocha North II State Constituency in Delta State, in compliance with the Supreme Court’s ruling in suit No. SC/129/2019.
At its plenary session on Tuesday, the upper chamber directed the Independent National Electoral Commission (INEC) to ensure the constituency’s reinstatement in time for the next Delta State House of Assembly elections, following the expiration of the current legislative term. This resolution aligns with Section 115 of the 1999 Constitution (as amended).
The motion, titled “Restoration of Aniocha North II State Constituency, Delta State in Compliance with Supreme Court Judgment,” was sponsored by Senator Ned Nwoko (Delta North).
Nwoko highlighted that in 2014, residents of Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma, and Ogodo in Aniocha North Local Government Area had filed a lawsuit at the Federal High Court in Asaba, seeking the restoration of the constituency. While the case was initially dismissed, the Court of Appeal in Benin ruled in favor of the petitioners on November 22, 2017, ordering INEC to conduct elections in the constituency.
However, INEC sought to challenge this verdict at the Supreme Court, but its appeal was dismissed on November 29, 2019. This effectively upheld the appellate court’s decision, making it legally binding and final.
Following the Supreme Court ruling, INEC engaged with stakeholders on November 19, 2020, and committed to implementing the judgment. The commission also submitted a report to the National Assembly in line with constitutional requirements. Despite this, no further action has been taken to facilitate the constituency’s restoration.
The Senate expressed concern that the delay in executing the Supreme Court’s judgment undermines the rule of law and denies the affected communities their rightful representation in the Delta State House of Assembly.
Consequently, the Senate resolved to seek the concurrence of the House of Representatives to ensure full compliance with the Constitution and the judicial directive.
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