The Senate has urged the restoration of the Aniocha North II State Constituency in Delta State, in compliance with the Supreme Court’s judgment in suit No. SC/129/2019. This resolution was reached during plenary on Tuesday.
The upper chamber also directed the Independent National Electoral Commission (INEC) to implement this resolution by ensuring that the constituency is restored in the next State Houses of Assembly elections following the current tenure of the Delta State House of Assembly. This directive aligns with Section 115 of the 1999 Constitution (as amended).
The decision followed a motion titled “Restoration of Aniocha North II State Constituency, Delta State in Compliance with Supreme Court Judgment,” sponsored by Senator Ned Nwoko (Delta North).
Background of the Case
Senator Nwoko highlighted that in 2014, residents of several towns in Aniocha North Local Government Area—including Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma, and Ogodo—initiated legal proceedings at the Federal High Court, Asaba, seeking the restoration of the constituency.
Although their case was initially dismissed, the Court of Appeal, Benin Division, on November 22, 2017, ruled in their favor, ordering INEC to restore the constituency and conduct elections there.
INEC subsequently sought leave to appeal the ruling at the Supreme Court, but on November 29, 2019, the apex court dismissed the application, affirming the Court of Appeal’s judgment as final, binding, and non-appealable.
INEC’s Inaction and Senate’s Intervention
Following the Supreme Court’s decision, INEC convened a stakeholders’ meeting on November 19, 2020, pledging to implement the court’s directive. It later submitted a comprehensive report to the National Assembly for further action, as required under Section 115 of the Constitution.
READ ALSO: NIWA Lagos Area Manager, Braimah bags award
However, despite concluding all necessary procedures and sending a reminder letter to the National Assembly on December 17, 2020, no further action has been taken to facilitate the constituency’s restoration.
The Senate emphasized that INEC’s delay undermines the rule of law, disenfranchises affected communities, and denies them proper representation in the Delta State House of Assembly.
To address the issue, the Senate has resolved to seek the concurrence of the House of Representatives, in line with Section 115 of the 1999 Constitution (as amended), ensuring that the restoration process is finally completed.
