Appeal Court Dismisses Itsekiri Attempt To Halt Warri Fresh Delineation, Awards ₦4 Million Costs
THE Court of Appeal, Abuja Judicial Division, has dismissed an appeal filed by representatives of the Itsekiri ethnic nationality seeking to stop the implementation of the Supreme Court-mandated fresh delineation of electoral wards and polling units in the Warri Federal Constituency of Delta State.
The appeal, marked CA/ABJ/CV/1457/2025: Hon. Appearance Afejuku & Ors v. INEC & Ors, was instituted by Appearance Afejuku—Youth President of the Itsekiri Ethnic Nationality—and three others. A three-member panel of the appellate court, presided over by Justice Uchechukwu Onyemenam, on Friday, 15 May 2026, dismissed the appeal for lacking merit and affirmed the earlier award of ₦4 million costs against the appellants.
The Court held that the issue of delineation in Warri had been finally settled by the Supreme Court in its judgment of 2 December 2022 in SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC, and therefore, any attempt to relitigate or obstruct its execution amounted to an abuse of judicial process.
It will be recalled that on 1 July 2025, the Federal High Court, per Justice Omotosho, dismissed the originating suit filed by the same Itsekiri applicants seeking to restrain the Independent National Electoral Commission (INEC) from enforcing the Supreme Court decision. Justice Omotosho held that the suit was frivolous, vexatious, and a blatant abuse of court process, aligning with the submissions of counsel to INEC, as well as counsel representing the Ijaw and Urhobo interests in Warri.
Dissatisfied, the applicants proceeded to the Court of Appeal, which has now reaffirmed the lower court’s position, thereby clearing the legal hurdles for full implementation of the apex court’s directive on fresh delineation ahead of future elections.
In a related development, the Federal High Court sitting in Warri has dismissed yet another suit filed by Itsekiri plaintiffs seeking to nullify INEC’s interim report on the ongoing delineation exercise.
The suit, FHC/WR/CS/37/2025: Ejeyi Philip & Ors v. INEC, sought to set aside the interim delineation report released on 3 May 2025, with the plaintiffs alleging that INEC failed to consult the Itsekiri before producing the report.
The Court dismissed the action as premature, holding that the interim report was merely a proposal and did not constitute a final decision capable of being challenged. The Court further affirmed that the Supreme Court judgment did not impose any obligation on INEC to consult the Itsekiri specifically before executing its directives.
With these developments, the judicial position on the Warri delineation dispute appears settled, clearing the path for INEC to proceed with full implementation of the Supreme Court’s judgment.
