Senate Upholds Supreme Court Ruling on Delta’s Aniocha North II

The Senate on Tuesday approved the restoration of the Aniocha North II State Constituency in Delta State, in compliance with a Supreme Court judgment from 2019. The resolution came during plenary, following a motion introduced by Senator Ned Nwoko (APC-Delta North), which called for the restoration of the constituency as per the Supreme Court’s ruling in suit No. SC/129/2019.

The motion was passed, with the Senate also directing the Independent National Electoral Commission (INEC) to ensure that the resolution is implemented. Additionally, the restoration will take effect in the next State House of Assembly election, after the conclusion of the current Delta State House of Assembly term.

“This decision is in compliance with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the Senate affirmed.

Senator Nwoko explained that the legal battle to restore the constituency began in 2014 when the people of various towns in Aniocha North Local Government Area, including Idumuje-Unor, Idumuje-Ugboko, and others, initiated a lawsuit at the Federal High Court in Asaba. The suit sought to restore the Aniocha North II State Constituency, but the Federal High Court initially dismissed the case. However, in a landmark decision on November 22, 2017, the Court of Appeal in Benin ruled in favor of the people, ordering the restoration of the constituency and directing INEC to conduct elections there.

Despite an appeal by INEC, the Supreme Court upheld the Court of Appeal’s decision on November 29, 2019, ruling that the judgment was “final, binding, and legally non-appealable.”

Following the Supreme Court ruling, INEC met with stakeholders from the constituency on November 19, 2020, and submitted a report to the National Assembly for consideration. However, despite completing the required procedures, no action was taken to implement the restoration until now.

The Senate has now resolved to seek the concurrence of the House of Representatives to fulfill the constitutional requirement for the constituency’s restoration. Senate President Godswill Akpabio commended Nwoko for raising the motion and emphasized the importance of adhering to the Supreme Court’s decision. He urged Senate management to work with INEC and collaborate with the House of Representatives to ensure prompt implementation.