Open Letter to President Tinubu on the Importance of Rule of Law in Warri Federal Constituency

Your Excellency,

President Bola Ahmed Tinubu GCFR,

President, Commander-in-Chief of the Armed Forces of Nigeria.

Your Excellency Sir,

OPEN LETTER TO PRESIDENT BOLA AHMED TINUBU ON THE IMPORTANCE OF RESPECTING THE RULE OF LAW AND DEMOCRACY IN THE WARRI FEDERAL CONSTITUENCY OF DELTA STATE

1. President, on March 12, 2026, while speaking to members of the Inter-Party Advisory Council at Aso Rock Villa, Abuja, you said: ‘Democracy is about the rule of law and that the rule of law must prevail in any democracy’. We write this letter to express our concerns over the attack on the rule of law and democracy in Warri Federal Constituency, Delta State. This is due to the implementation of the Supreme Court judgment in SC/413/2016: HON. GEORGE U. TIMINIMI & ORS V. INEC regarding new delineation of electoral wards and polling units.

1. Remember that on December 2, 2022, after 11 years of legal battles by the Ijaw people of Warri Federal Constituency, the Supreme Court gave a final ruling. The court ordered the Independent National Electoral Commission (INEC) as follows:

1. After the judgment, INEC met with stakeholders from Warri Federal Constituency on February 2, 2023, at its Headquarters in Asaba, Delta State. They expressed their commitment to follow the judgment as a law-abiding agency according to section 287 of the 1999 Constitution, as amended. This promise was made by the then Hon. Resident Electoral Commissioner of Delta State, (Dr.) Monday Udoh Tom, on behalf of former Chairman Prof. Mahumud Yakubu.

1. Following this, INEC held several meetings with stakeholders, leading to field work from July 10 to July 19, 2024. They presented the report of the field work, which included proposed new electoral wards and polling units, to stakeholders on April 4, 2025, in Asaba, Delta State. INEC asked for comments and input from stakeholders to finalize the report for the 2027 general elections.

Concerns Over Presidential Directive

1. After receiving input from stakeholders, INEC released the final report on May 20, 2026, at Asaba. INEC decided to create two additional state constituencies in Warri North and Warri South West Local Government Areas. They also recommended the creation of a new Warri Federal Constituency 11 to cover these areas, pending constitutional requirements. Alhaji Abdulrazaq Tukur Yusuf, a National Commissioner of INEC, promised that political parties would be directed to conduct primaries for these new state constituencies, considering the timetable for party primaries.

1. Stakeholders across Warri Federal Constituency celebrated these decisions as they met many long-standing demands of the people.

1. But this joy was short-lived when we learned that the Presidency ordered INEC to stop implementing its report on the Supreme Court's delineation of Warri Federal Constituency. This order came due to issues raised by the Itsekiri ethnic group, one of the three ethnic groups in this area. We believe this decision is linked to your family ties with the Itsekiri ethnic nationality.

1. PRESIDENTIAL DIRECTIVE TO INEC IS AN ATTACK ON THE RULE OF LAW AND DEMOCRACY IN DELTA STATE AND NIGERIA

1. President, your directive to INEC to halt the Supreme Court's ordered delineation of Warri Federal Constituency is a direct attack on the 1999 Constitution of Nigeria, which you vowed to uphold. On May 29, 2023, when you took your oath as President and Commander in Chief, you promised:

1. We, the Indigenous Ijaw and Urhobo people of Warri, believe your actions regarding the Supreme Court's ordered delineation are a total breach of your oath and the Constitution.

1. Your directive to INEC undermines important national institutions like the Supreme Court and INEC itself. This threatens our democracy and the rule of law. The rule of law requires that the Supreme Court's decisions and INEC's independence be respected. This is crucial for Nigeria's democracy, including your role as President. The 1999 Constitution states that the Supreme Court's judgment must be obeyed by everyone.

1. The duty of all government agencies, including your office, is to enforce the Supreme Court's order to its conclusion. Not doing so, as you did with your directive to INEC, is a serious attack on the rule of law, which you emphasized during your meeting on March 12, 2026.

1. It is essential to respect INEC's independence in carrying out its constitutional duties. Section 160(1) of the 1999 Constitution states:

1. This provision shows INEC's independence must be respected by all government agencies for the sake of democracy. Stopping INEC from carrying out its responsibilities based on ethnic ties is a dangerous precedent. It also disrespects the Supreme Court by undermining its orders. We must avoid a situation where Supreme Court orders are ignored. This would threaten the rule of law and invite chaos.

1. Mr. President, you promised to treat everyone fairly without bias. We believe your interference in INEC to favor the Itsekiri ethnic group over the Ijaws and Urhobos due to personal ties is a violation of your oath of office and the Constitution. You should treat everyone equally according to the law. INEC has submitted its final report, and its independence must be respected in implementing it.

Our Requests

1. Based on what we've discussed, we the Indigenous Ijaw and Urhobo people of Warri respectfully request the following:

1. The independence of INEC in performing its duties should be respected by all government bodies for the rule of law and democracy.

1. The Presidency should refrain from interfering with INEC’s responsibility to implement the fresh delineation of electoral wards and polling units in Warri Federal Constituency as ordered by the Supreme Court in the upcoming 2027 elections.