- Following the judgment, INEC met with stakeholders on November 19, 2020, and promised to implement the court’s directive as required.
- INEC later submitted a report to the National Assembly for approval, as stipulated by the 1999 Constitution (as amended).
The Senate has granted approval for the reinstatement of Aniocha North II State Constituency in Delta State, aligning with the Supreme Court’s decision in Suit No. SC/129/2019.
During its session in Abuja yesterday, the Senate instructed the Independent National Electoral Commission (INEC) to carry out the restoration in the next Delta Assembly election.
This directive will take effect after the present Assembly’s tenure ends, in line with Section 115 of the 1999 Constitution (as amended) of the Federal Republic.
The approval was based on a motion titled “Restoration of Aniocha North II State Constituency, Delta State, in Compliance with Supreme Court Judgment,” presented by Senator Ned Nwoko.
Senator Nwoko recounted that in 2014, residents from Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma, and Ogodo pursued legal action.
They approached the Federal High Court in Asaba, seeking to have the Aniocha North II State Constituency reinstated, but their case was dismissed at the time.
“Although the Federal High Court dismissed their case, the Court of Appeal in Benin, on November 22, 2017, ruled in their favour, ordering INEC to reinstate the constituency and conduct elections accordingly,” he said.
He pointed out that INEC took the matter to the Supreme Court, but on November 29, 2019, the highest court rejected the appeal, confirming the lower court’s decision.
The Supreme Court’s ruling was declared “final, binding, and non-appealable,” thereby settling the issue and affirming the legitimacy of the constituency’s restoration.
Following this verdict, INEC convened a meeting with relevant stakeholders on November 19, 2020, where it promised to implement the court’s directive accordingly.
Subsequently, INEC submitted an official report to the National Assembly for approval, as mandated by constitutional provisions governing electoral matters in Nigeria.
However, despite completing all required steps and sending a reminder letter dated December 17, 2020, no action was taken on the issue for a long time.
The Senate expressed worries that this prolonged delay undermined legal principles, deprived residents of their rights, and left them unrepresented in Delta’s State Assembly.
In response to the situation, the Senate agreed to seek the House of Representatives’ approval to conclude the restoration process according to constitutional requirements.
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