Appeal Court Dismisses Suit Against Warri Delineation, Clears INEC to Proceed

By Divine Perezide

The Court of Appeal sitting in Abuja has dismissed an appeal seeking to halt the implementation of the Supreme Court-ordered delineation of electoral wards and polling units in the Warri Federal Constituency of Delta State.

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The appellate court, in a unanimous judgment delivered on Friday, May 15, 2026, held that the appeal lacked merit and affirmed the earlier ruling of the Federal High Court, Abuja.

The appeal, marked CA/ABJ/CV/1457/2025, was filed by Hon. Appearance Afejuku, identified as Youth President of the Itsekiri Ethnic Nationality, alongside three others against the Independent National Electoral Commission (INEC) and other respondents.

A three-member panel led by Justice Uchechukwu Onyemenam upheld the July 1, 2025 judgment of Justice Omotosho of the Federal High Court, which dismissed the suit challenging INEC’s implementation of the Supreme Court judgment in suit number SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC.

The lower court had described the suit as an abuse of court process and awarded a cost of ₦4 million against the plaintiffs.

In its ruling, the Court of Appeal maintained that the issue surrounding the delineation exercise in Warri Federal Constituency had already been conclusively settled by the Supreme Court and could not be reopened through fresh litigation.

The judgment is widely seen as a major legal victory for INEC and supporters of the delineation exercise, as it effectively clears the electoral body to proceed with the fresh ward and polling unit delineation ahead of future elections in the area.

Meanwhile, in a related development, the Federal High Court sitting in Warri also dismissed suit number FHC/WR/CS/37/2025 filed by Ejeyi Philip and others seeking to nullify INEC’s interim report on the fresh delineation released on May 3, 2025.

The plaintiffs had argued that the Itsekiri people were not adequately consulted before the exercise was carried out.

However, the court held that the Supreme Court judgment did not mandate INEC to conduct consultations with the Itsekiri ethnic nationality before implementing the delineation exercise.

The court further ruled that the suit was premature since the interim report issued by INEC remained a proposal subject to further administrative processes.

The latest judicial pronouncements are expected to shape the political landscape within the Warri Federal Constituency, where the delineation exercise has generated intense political and ethnic debates among stakeholders.