INEC Urged to Act on Supreme Court Ruling for Warri Federal Constituency

IJAW AND URHOBO PEOPLE OF WARRI FEDERAL CONSTITUENCY, DELTA STATE

June 8, 2026

Prof. Joash O. Amupitan, SAN,
The Honourable Chairman,
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

1. You will remember that on December 2, 2022, the Supreme Court made its final ruling in SC/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS V. INEC. The court ordered the Independent National Electoral Commission (INEC) to:

“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.”

1. After this judgment, the Commission held a meeting with stakeholders from Warri Federal Constituency on February 2, 2023, at its Headquarters in Asaba. They expressed their commitment to follow the judgment for the 2027 general elections. This promise 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.
2. Based on this commitment, all stakeholders in the Warri Federal Constituency guided the Commission's officers who conducted fieldwork in all communities from July 10 to 19, 2024. The report with the proposed fresh electoral wards and polling units was presented to stakeholders on April 4, 2025, in Asaba. INEC asked for feedback from stakeholders to finalize the report for the 2027 elections.
3. On May 20, 2026, INEC shared its final report of the fresh delineation of Warri Federal Constituency with stakeholders in Asaba. During this presentation, INEC National Commissioner, Alhaji Abdulrazaq Tukur Yusuf, confirmed that the report was ready for immediate implementation.
4. The representative stated that a total of Twenty (20) Registration Areas/Electoral Wards were created for the three local government areas: Warri North, Warri South, and Warri South West. Additionally, two new state constituencies were created for Warri North and Warri South-West to improve representation. They also suggested creating another federal constituency, subject to constitutional approval.

Concern Over Delayed Implementation

1. The INEC National Commissioner added that, due to the tight schedule for the 2027 elections, the Commission would instruct political parties to hold primaries for candidates in the new state constituencies in Warri North and Warri South West.
2. This decision was widely welcomed in Warri Federal Constituency. Many stakeholders celebrated it as a solution to long-standing demands, especially for the new state constituencies and the new federal constituency for Warri North and Warri South West.
3. However, the Ijaw and Urhobo people of Warri Federal Constituency are disappointed that more than 20 days after INEC revealed its final report, the promised implementation has not begun. The deadline for submitting candidates for the 2027 elections is approaching fast.
4. We have learned that INEC's delay in implementing the report is due to interference from the Presidency, which ordered the hold-up. We believe this is linked to President Tinubu's connections with the Itsekiri ethnic group.
5. INEC MUST MAINTAIN ITS INDEPENDENCE TO ENSURE PEACE AND SECURITY IN WARRI FEDERAL CONSTITUENCY AND THE DEMOCRATIC PROCESS IN NIGERIA
6. The Ijaw and Urhobo people of Warri strongly condemn INEC for delaying the implementation of its final report based on outside influence. We say clearly that INEC’s actions threaten peace and security in Warri Federal Constituency, the rule of law, and democracy in Nigeria.
7. It is wrong for INEC to let the Presidency control how it performs its constitutional duties. By following a presidential order to delay the implementation, INEC is compromising its independence under section 160 of the 1999 Constitution (as amended). This section states:

“…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.”

Call for Action

1. According to this provision, INEC should act independently and not take orders from the President. Nigeria is a constitutional democracy based on the rule of law, not the will of powerful individuals or agencies. It is risky for INEC to compromise its independence and let outside interests control its duties.
2. This also disrespects the Supreme Court of Nigeria, as its orders should not be ignored or delayed. Your Commission is required by section 287 (1) of the 1999 Constitution (as amended) to enforce Supreme Court judgments. This section states:

“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.”

1. Chairman, the actions of the Commission threaten the rule of law in Nigeria. If there was ever a time for INEC to uphold the rule of law, it is now under your leadership as a Professor of Law and Senior Advocate of Nigeria (SAN). It is absurd for INEC to make the implementation of the Supreme Court's judgment subject to any other authority.
2. All government agencies must ensure the Supreme Court's order is enforced completely. Ignoring this, regardless of whose interests are involved, is an attack on the rule of law, a threat to peace and security in Warri Federal Constituency, and jeopardizes democracy in Nigeria.
3. Recently, in the case concerning the fresh delineation of Warri Federal Constituency at the Federal High Court, Warri Judicial Division in FHC/WR/CS/37/2025: EJEYI PHILIP & 5 ORS V. INEC & ANOR, the court ruled that the power to delineate electoral wards is solely INEC's responsibility. INEC does not need to consult or get approval from anyone else.
4. OUR DEMANDS:
5. Chairman, as a Professor of Law and Senior Advocate of Nigeria, you know that the rule of law is the foundation of democracy. It must prevail, no matter whose interests are at stake, including those of the President. The Warri Federal Constituency delineation will test INEC’s commitment to the rule of law under your leadership. We respectfully ask INEC to:

• Immediately implement the final report of the fresh delineation of polling units and electoral wards in Warri Federal Constituency, covering Warri North, Warri South, and Warri South West Local Government Areas of Delta State, as presented to stakeholders on May 20, 2026, without further delays or changes.
• Direct political parties to hold primaries for candidates for the 2027 elections in the newly created state constituencies in Warri North and Warri South West Local Government Areas of Delta State for the Delta State House of Assembly.
• Ensure all electoral activities using polling units and registration areas/electoral wards in Warri Federal Constituency follow the final report of the fresh delineation.

20. In conclusion, if INEC continues to disregard the rule of law, it will create frustration and tension in Warri Federal Constituency. You will be held accountable for any breakdown of law and order that may follow.