DELINEATION: Mulade, four others ask court to stop conduct of LG poll in Warri Federal Constituency
A Delta State-born peace and social justice advocate, Chief Sheriff Mulade, along with Denbo-denbofa Oweikpodor, Arc Sylvester Adowei, Emmanuel Igetei and Midwest Kukuru Esq, have instituted a suit at the Federal High Court, Asaba, praying the court to stop Delta State Independent Electoral Commission, DSIEC, from conducting the July 13th Delta State Local Government election in Warri South, Warri South-West and Warri North local government areas of the State.
The plaintiffs on behalf of themselves and “the Ijaw people of Warri North, Warri South and Warri South-West LGAs of Warri Federal Constituency of Delta State” in suit no: FHC/ASB/CS/87/2024, demanded a declaration that: “The 2nd Defendant (DSIEC) cannot conduct Local Government Council elections in Warri North, Warri South and Warri South-West Local Government Councils of Delta State, without the 1st Defendant (INEC) establishing fresh polling units in compliance with the judgment of the Supreme Court of Nigeria in APPEAL NO. S/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC delivered on 2/12/2022."
They also prayed the court to order: “A DECLARATION that the 1st Defendant (INEC) cannot release its register of voters of polling units in Warri North, Warri South and Warri South-West Local Government Areas of Delta State to the 2nd Defendant (DSIEC) to conduct Local Government Council elections in the aforementioned Local Government Councils, without first establishing fresh polling units in compliance with the judgment of the Supreme Court of Nigeria in Appeal No. S/413/2016; Hon. George U. Timinimi & 9 Ors v. INEC delivered on 2/12/2022.
“A DECLARATION that any election conducted by the 2nd Defendant to the positions of Chairmen of Council and Ward Councilors in Warri North, Warri South and Warri South West Local Government Councils of Delta State without the 1st Defendant (INEC) establishing fresh polling units in compliance with the judgment of the Supreme Court of Nigeria in APPEAL NO. S/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC delivered on 2/12/2022 is null and void and of no effect.”
Whilst also seeking: “AN ORDER of perpetual injunction restraining the 1 Defendant from releasing any purported register of voters of polling units in Warri North, Warri South and Warri South-West Local Government Areas of Delta State to the 2nd Defendant to conduct Local Government Council elections until the conclusion of fresh delineation of polling units in compliance with the judgment of the Supreme Court of Nigeria in APPEAL NO. S/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC delivered on 2/12/2022,” the plaintiffs request: “AN ORDER of perpetual injunction restraining the 2nd Defendant from conducting Local Government Council elections in Warri North, Warri South and Warri South-West Local Government Areas of Delta State until the 1st Defendant conclude the delineation of fresh polling units in compliance with the judgment of the Supreme Court of Nigeria in APPEAL NO. S/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC delivered on 2/12/2022.
“ANY other legal or equitable remedy that this Honourable Court may deem fit to make in the circumstances.”
It would be recalled that the Supreme Court on the 2nd day of December, 2022 in Appeal No.: S/413/2016: Hon. George Timinimi & 9 Ors v INEC had ordered the Independent National Electoral Commission to carry out fresh delineation of electoral wards and units in Warri North, Warri South and Warri South West LGAs before the conduct of future elections.
So far, the order of the Supreme Court is yet to be implemented by the INEC, while LG election is set to hold July 13, 2024, in the Warri Federal Constituency by the DSIEC.
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