The Senate on Tuesday approved the restoration of the Aniocha North II State Constituency in Delta, in compliance with the Supreme Court judgment in suit No. SC/129/2019.
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The approval followed a motion during plenary on the “Restoration of Aniocha North II State Constituency, Delta in compliance with Supreme Court Judgment,” sponsored by Sen. Ned Nwoko (APC-Delta North).
The upper chamber also resolved that the Independent National Electoral Commission (INEC) must comply with the resolution.
It further directed that the restoration of the constituency take effect in the next State House of Assembly election, after the current term of the Delta State House of Assembly.
“This is in compliance with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the Senate affirmed.
Moving the motion, Nwoko explained 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 initiated a legal action at the Federal High Court in Asaba.
They sought the restoration of the Aniocha North II State Constituency.
Although the Federal High Court dismissed the case, the Court of Appeal in Benin ruled in favour of the people on Nov. 22, 2017, ordering the restoration of the constituency and instructing INEC to conduct elections there.
Nwoko further noted that INEC had filed for leave to appeal the Court of Appeal judgment at the Supreme Court, but the Supreme Court, on Nov. 29, 2019, dismissed the application, affirming the judgment as “final, binding, and legally non-appealable.”
In compliance with the Supreme Court ruling, INEC convened a meeting with stakeholders of the constituency on Nov. 19, 2020.
The commission subsequently submitted a report to the National Assembly for consideration, in line with Section 115 of the 1999 Constitution.
However, in spite of INEC having completed the necessary processes, no further action was taken to facilitate the restoration of the constituency.
The Senate resolved to seek the concurrence of the House of Representatives, as required by Section 115 of the Constitution.
In his remarks, Senate President Godswill Akpabio thanked Nwoko for raising the motion, emphasising that the Supreme Court decision must be implemented.
He urged Senate management to contact INEC immediately and collaborate with colleagues in the House of Representatives for concurrence.
Akpabio also expressed hope that similar cases in other states would be taken to court for resolution.
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