By James Isaac,Abuja
The Senate has approved the restoration of Aniocha North II State Constituency in Delta State, in compliance with the Supreme Court judgment in suit SC/129/2019.
It also directed the Independent National Electoral Commission (INEC) to implement the ruling by ensuring the constituency take effect in the next Delta State House of Assembly election after the current legislative term, in line with Section 115 of the 1999 Constitution (as amended).
Additionally, the Senate instructed its Committees on Judiciary, Human Rights, and Legal Matters, as well as the Committee on INEC, to liaise with the House of Representatives for concurrence, in fulfillment of constitutional provisions.
The decision followed a motion presented by Senator Nwoko Munir Ned (Delta North), who recalled that in 2014, residents of Idumuje-Unor, Idumuje-Ugboke, Nkwu-Nzu, Ugboba, Idumuogu, Ugbodu, Ubulubu, Anioma, and Ogodo towns in Aniocha North Local Government Area initiated legal action at the Federal High Court, Asaba, seeking the restoration of the constituency.
Although the Federal High Court dismissed their case, the Court of Appeal, Benin Division, ruled in their favor on November 22, 2017, ordered INEC to conduct elections in the constituency. INEC sought to appeal the judgment, but the Supreme Court, in a ruling on November 29, 2019, dismissed the application, affirmed the Court of Appeal’s decision as final and legally binding.
Acknowledging INEC’s previous efforts, the Senate noted that the electoral body had convened a stakeholders’ meeting on November 19, 2020, pledging to implement the court’s directives and submitting a report to the National Assembly for consideration. However, no further action had been taken since INEC’s reminder letter on December 17, 2020.
The Senate expressed concern that the prolonged delay in implementing the Supreme Court ruling undermined the rule of law, disenfranchised the affected communities, and denied them proper representation in the Delta State House of Assembly.
It, therefore, urged swift action to ensure justice is served and the constituency is fully restored in the upcoming elections.
