INDIGENOUS IJAW AND URHOBO PEOPLE OF WARRI FEDERAL CONSTITUENCY OF DELTA STATE
June 8, 2026
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Prof. Joash O. Amupitan, SAN,
The Honourable Chairman,
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Independent National Electoral Commission (INEC),
Headquarters,
Plot 436 Zambezi Crescent,
Maitama, Abuja.
Mr. Chairman Sir,
OPEN LETTER TO PROFESSOR JOASH O. AMUPITAN, SAN, HONOURABLE CHAIRMAN OF INEC ON THE DELAYED IMPLEMENTATION OF THE FINAL REPORT OF THE SUPREME COURT ORDERED FRESH DELINEATION OF WARRI FEDERAL CONSTITUENCY OF DELTA STATE
- Chairman would recall that on the 2nd day of December, 2022, the Supreme Court delivered its final judgment in SC/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS V. INEC where the apex court ordered the Independent National Electoral Commission (INEC) as follows:
‘‘AN ORDER of this Honourable Court compelling the Defendant, its agents, servants, privies and assigns to conduct a fresh delineation of all that electoral wards/polling units for Warri South West, Warri North and Warri South Local Government Areas of Warri Federal Constituency in Delta State for the purpose of future elections’’.
- The Commission in response to the judgment met with stakeholders from the Warri Federal Constituency of Delta State on the 2nd day of February, 2023 at its Headquarters in Asaba, Delta State where it expressed its commitment to implement the judgment as a law-abiding organisation for the conduct of the 2027 general elections. The commitment was made by the then Hon. Resident Electoral Commissioner of Delta State, (Dr.) Monday Udoh Tom on behalf of the former Chairman, Prof. Mahumud Yakubu.
- On the basis of the foregoing commitment, all the stakeholders of the Warri Federal Constituency agreed and acted as pointers to officers of the Commission who carried out the field work to all the communities and settlements from the 10th to 19th of July, 2024. The report of the field work containing the proposed fresh electoral wards/registration areas and polling units were presented to stakeholders of the Warri Federal Constituency on the 4th day of April, 2025 at Asaba, Delta State. INEC on that occasion called for comments, observations and inputs from stakeholders for the purpose of releasing its final report of the fresh electoral wards/registration areas and polling units for the conduct of the 2027 general elections and onward.
- On the 20th day of May, 2026, the Commission released its final report of the fresh delineation of Warri Federal Constituency of Delta State to stakeholders at Asaba, Delta State. At the presentation of the final report, INEC National Commissioner, Alhaji Abdulrazaq Tukur Yusuf who represented the Commission stated that the report was the decision of the Commission on the fresh delineation for immediate implementation.
- Specifically, the Commission representative stated that a total of Twenty (20) Registration Areas/Electoral Wards have been created for all the three local government areas, that is Warri North, Warri South and Warri South West Local Government Area. Furthermore that, the Commission created two additional state constituencies for Warri North and Warri South-West Local Government Areas of Delta State to ensure more representation by the people of Warri Federal Constituency. An additional federal constituency was also recommended, subject to constitutional approval.
- The INEC National Commissioner stated further that, in the light of the foregoing and considering the limited time constraint imposed by the INEC timetable for the conduct of the 2027 elections, the Commission would immediately direct political parties to conduct primaries for the nomination of candidates to contest in the 2027 elections in the newly created state constituencies in Warri North and Warri South West Local Government Areas.
- This final decision of the Commission was widely accepted and celebrated all over the Warri Federal Constituency of Delta State. Majority of the stakeholders welcome it as a panacea to the age-longed agitations in the constituency, especially the creation of additional state constituencies and recommendation to create a new federal constituency for Warri North and Warri South West LGAs.
- However, the Ijaw and Urhobo people of Warri Federal Constituency are shocked that more than twenty (20) days after INEC presented its final report, the implementation of the report has not started as promised by INEC. We note that the deadline for submission of list of Candidates of political parties to contest the 2027 general elections is fast approaching.
- We have in good authority that INEC’s failure to immediately implement the report of the fresh delineation as promised, is as a result of external interference by the Presidency which ordered that the implementation of the final report be put on hold. We strongly believe that, this decision arose from President Tinubu’s matrimonial ties to the Itsekiri ethnic nationality.
- INEC MUST UPHOLD ITS INDEPENDENCE TO PROMOTE PEACE AND SECURITY IN THE WARRI FEDERAL CONSTITUENCY OF DELTA STATE AND SURVIVAL OF DEMOCRACY IN NIGERIA
- The Ijaw and Uhrobo people of Warri condemn in the strongest terms INEC’s suspension of the immediate implementation of its final report of the Supreme Court ordered fresh delineation of Warri Federal Constituency of Delta State based on external interference. We state without equivocation that, INEC’s action is a threat to peace and security in the Warri Federal Constituency of Delta State, the rule of law and democratic survival in Nigeria.
- It is an aberration for INEC’s performance of its constitutional and statutory duties to be subjected to the control and direction of the Presidency. INEC’s adherence to a Presidential directive to stop immediate implementation of its report on the fresh delineation of Warri Federal Constituency amounts to compromise of its constitutional independence under section 160 of the 1999 Constitution (as amended). Section 160(1) of the 1999 Constitution, as amended guarantees the independence of INEC when it provides thus:
…provided that in the case of the Independent National Electoral commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President’’.
- By the foregoing provision, INEC is supposed to be independent in the performance of its constitutional and statutory duties and not subject to the direction or control of the President. Nigeria is a constitutional democracy according to the rule of law and not the dictate of individuals or agencies of government, no matter how powerful the person may be. It is a dangerous precedent for INEC to compromise its independence and subject its performance of its constitutional and statutory duties to the control and direction of interested parties.
- In the same vein, it amounts to disrespect to the Supreme Court of Nigeria for its orders to be undermined and enforcement truncated. Your Commission is under a constitutional obligation under section 287 (1) of the 1999 Constitution, as amended to enforce judgments of the apex court. It is a requirement of the 1999 Constitution, as amended that, the judgment of the Supreme Court is final and must be obeyed and enforced by all persons and authorities in Nigeria including the Commission. Section 287 (1) of the Constitution provides that:
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‘The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme court.’
- Chairman, the actions of the Commission are direct threat to the rule of law in Nigeria. If there is any time in the history of INEC where the rule of law ought to take the front seat, it ought to be now that the Commission is under your leadership as Professor of law and Senior Advocate of Nigeria (SAN). It is an absurdity for INEC under your leadership to subject the implementation of the judgment of the apex court to any other authority. The constitutional duty of all agencies of government in the context of the fresh delineation of electoral wards and polling units as ordered by the Supreme Court in the Warri Federal Constituency of Delta State is to ensure the enforcement of the order of the Supreme Court to its logical conclusion. To do otherwise, irrespective of whose interest is involved amounts to violent attack on the rule of law, threat to peace and security in the Warri Federal Constituency and democratic survival in Nigeria.
- Only recently, on the subject matter of fresh delineation of Warri Federal Constituency, the Federal High Court, Warri Judicial Division in FHC/WR/CS/37/2025: EJEYI PHILIP & 5 ORS V. INEC & ANOR, a case filed by the Itsekiri ethnic nationality to set aside the interim report of the delineation held that, the order of the supreme court and the power to delineate electoral wards and polling units is the exclusive responsibility of INEC and it is not under any duty to consult or obtain the approval of any other person or authority.
- OUR PRAYERS:
- Chairman, as you know as Professor of Law and Senior Advocate of Nigeria, the rule of law is the bedrock of democracy. The rule of law should prevail irrespective of whose interest is involved, including that of the President. The Warri Federal Constituency delineation is a test of INEC’s commitment to the rule of law under your leadership. Consequently, we humbly demand from INEC as follows.
- That the Commission should immediately implement the final report of the fresh delineation of polling units and electoral wards/registration areas in the Warri Federal Constituency comprising of Warri North, Warri South and Warri South West Local Government Areas of Delta State presented to stakeholders on 20/5/2026 without further delay and alteration.
- INEC should direct political parties to conduct primaries for the nomination of candidates to participate in the 2027 elections in the newly created state constituencies in Warri North and Warri South West Local Government Areas of Delta State into the Delta State House of Assembly.
- That all electoral activities by the Commission that involve the use of polling units and registration areas/electoral wards in the Warri Federal Constituency of Delta State should be based on the final report of the fresh delineation.
- We wish to state in conclusion that, the Commission’s actions in refusing to obey the rule of law is leading to frustrations and unnecessary tension in the Warri Federal Constituency of and you would be held personally responsible for any breakdown of law and order as a result.
