Delta: Senate Approves Restoration Of Aniocha North II Constituency

The Nigerian Senate has approved the  restoration of Aniocha North II State Constituency, Delta State in compliance with Supreme Court Judgment in suit No. SC/129/2019.

The upper chamber also approved that the Independent National Electoral Commission (INEC) complies with this resolution by ensuring that the restoration of Aniocha North II State Constituency, Delta State takes effect in the next State Houses of Assembly election, after the current life of the Delta State House of Assembly in compliance with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

This was sequel to t a motion on “Restoration of Aniocha North II State Constituency, Delta State in compliance with Supreme Court Judgment”sponsored by Senator Ned Nwoko (Delta North).

Senator Nwoko noted that in 2014, the people of Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma and Ogodo towns in Aniocha North Local Government Area of Delta State, initiated a legal action at the Federal High Court, Asaba, seeking the restoration of the Aniocha North II State Constituency.

Although the originating summons suffered outright dismissal at the Federal High Court, the Court of Appeal, Benin Division, on November 22, 2017, delivered judgment in favour of the people, ordering the restoration of Aniocha North II State Constituency and directing INEC to conduct elections in the constituency.

He said INEC filed an application for leave to appeal the judgment of the Court of Appeal at the Supreme Court, but the Supreme Court, in its ruling of November 29, 2019, dismissed the application, thereby affirming the judgment of the Court of Appeal as “final, binding and legally non-appealable”.

In compliance with the Supreme Court judgment, INEC convened a meeting with the stakeholders of the constituency on November 19, 2020, pledging to implement the court’s directive and subsequently submitted a comprehensive report to the National Assembly for consideration in line with Section 115 of the 1999 Constitution (as amended).

Unfortunately, despite INEC having concluded all processes for the restoration of the constituency and reminding the National Assembly of the matter through a letter dated 17 December, 2020, further action has not been taken to facilitate the restoration the state constituency by the electoral umpire.

The delay in implementing the Supreme Court judgment, according to the red chamber “undermines the rule of law, disenfranchising the people of the affected towns, and also denying them proper representation in the Delta State House of Assembly”, which necessitated its resolutions.

The Senate finally resolved to seek the concurrence of the House of Representatives in line with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Confidence Okwuchi