Warri Delineation: Gbaramatu legal practitioners warn against attempts to reverse INEC report

• Seek full implementation of report

By Osaro Michael, Benin

The Gbaramatu Lawyers Association, GLS, has called for full implementation of the Independent National Electoral Commission, INEC, Warri federal constituency delineation report, citing that any attempts to reverse the INEC Findings and Reports which emanated from their field work would amount to an infraction of an already settled judicial process.

This was contained in a press statement signed by its president FRIDAY EMOTIMIDE ESQ and Secretary WERISINDE TIMIYAN ESQ.

The statement dated April 14, which titled, “STATEMENT BY THE GBARAMATU LAWYERS ASSOCIATION ON THE RELEASE OF INEC’S FIELD REPORT OF THE JUST CONCLUDED WARRI FEDERAL CONSTITUENCY DELINEATION EXERCISE” said “In 2011, having noticed the overwhelming fictitious units and ward structures in the Warri Federal Constituency of Delta State, which were being used to rig, manipulate and to subvert the will of the people of Warri Federal Constituency during elections, the Appellants in Suit No: SC/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC approached the Federal High Court and filed a suit against INEC, seeking an order of the Honourable Court to, amongst other things, order a “fresh delineation of all those units and wards in the Warri Federal Constituency for the purpose of future elections.”

Read full statement, “The Gbaramatu Lawyers Association is the umbrella body of all qualified Legal Practitioners of Gbaramatu extraction worldwide. The core principles of our Association include: the promotion of the rule of law as well as the enforcement, promotion of the rights of the Gbaramatu people in line with constitutional provisions and other extant legislations.

“Whilst it is not the habit of the Association to make public statements on just any matter of public discourse or trends, recent developments and subsequent negative reactions surrounding the fresh delineation exercise conducted by the Independent National Electoral Commission (INEC) in the Warri Federal Constituency in line with the decision of the Supreme Court of Nigeria have made it expedient that we take a position on the said matter. Our statement on the subject has become even more necessary owing to the several threats being made by our Itsekiri neighbours.

“Chronology of Events Leading to the Supreme Court Decision in Suit No: SC/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC.

“In 2011, having noticed the overwhelming fictitious units and ward structures in the Warri Federal Constituency of Delta State, which were being used to rig, manipulate and to subvert the will of the people of Warri Federal Constituency during elections, the Appellants in Suit No: SC/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC approached the Federal High Court and filed a suit against INEC, seeking an order of the Honourable Court to, amongst other things, order a “fresh delineation of all those units and wards in the Warri Federal Constituency for the purpose of future elections.”

“The Federal High Court dismissed the suit and termed the same as an academic exercise.

“Dissatisfied with the said decision of the Federal High Court, the Appellants in line with their constitutionally guaranteed rights and with a dogged resolve to emancipate the entire constituency from the grave injustice of electoral manipulations, proceeded to the Court of Appeal, Benin Division. However, despite making very strong and cogent legal arguments, the Court of Appeal upheld the judgment of the lower Court and once again decided against the Appellants.

“Further dissatisfied with the decision of the Court of Appeal, the Appellants approached the Supreme Court for final redress in the said matter, hoping against hope and defying all odds. Fortunately, the Supreme Court, in a well-considered decision, with the lead judgment delivered by the Hon. Justice Uwani Musa Abba Aji, JSC, on the 2nd of December, 2022 agreed with the arguments of the Appellants and ordered INEC to carry out “a fresh delineation of all that units and wards in the Warri Federal Constituency for the purposes of future elections”.

“With one simple but strong and eternal blow, the Supreme Court, being the apex court in Nigeria, dismantled all the fictitious and baseless units and ward structures within the Warri Federal Constituency and paved the way for the correction of all electoral injustice, sharp practices and manipulations, which our people have suffered for decades.

Attempts at Frustrating the Supreme Court Order

“The Association notes with utmost dismay the number of suits filed in lower courts by the Itsekiris all in a bid to frustrate the enforcement of the Supreme Court order. A suit was filed at the Federal High Court seeking to prevent INEC from proceeding with the delineation exercise. The said suit lingered for months with their counsels changed several times but at the end the Court dismissed the said suit for being a complete waste of time.

“Again, in another calculated attempt to shut INEC from further implementing the judgment and releasing the result of the delineation exercise, they approached the Federal High Court, Abuja. Sadly, after several arguments and adjournments, the Federal High Court dismissed the said suit and this paved the way for INEC to release the said delineation report.

“Time will fail the Association to mention several press releases, statements, and interviews on national television and online platforms sponsored by the Itsekiris to prevent the enforcement of the said judgment. Till date, all kinds of frivolous suits are still being filed and pursued all in a bid to ensure that the order of the Supreme Court does not come to light. The latest being a suit filed at the Federal High Court Warri questioning the membership of the panel that conducted the delineation exercise on grounds of ethnicity.

“We know as a matter of fact that if any of the justices that presided over the case that ordered the fresh delineation of the units and wards in the Warri Federal Constituency was an Ijaw or Urhobo, they would have heavily termed the panel as corrupt and biased. All these are attempts to frustrate the implementation of the judgment. However, we are not deterred. We take solace in the evergreen latin maxim that says “fiat justitia ruat caelum” …let justice be done though the heavens fall…”

“We also reiterate the position of law as emphasised in KANAWA & ANOR v INEC & ORS. (2020) LPELR-52117(CA), where the court made the point that “it is not controverted, that Courts do not exist for the purpose of interpreting the decisions of other Courts. Once a decision is given and that decision is tested at the Supreme Court, the matter ends there.”

Inflammatory and Inciting Statements

“Since the release of the delineation report by INEC, there have been several comments and videos on social media platforms even from prominent leaders of the Itsekiri nationality inciting Itsekiri communities to take up arms against the Gbaramatu people. We would like to remind all the dramatis personae in the said scheme of incitement that they and their followers shall and will be criminally liable in the event that any member of the communities in Gbaramatu is attacked or maimed as result of their remarks. We also use this opportunity to call on all security agencies (NSA, DSS, the Nigerian Police Force, the Nigerian Army, Navy etc.) to invite, investigate and prosecute anybody or group persons who have made such inciting remarks in order to prevent a total breakdown of law and order in the Warri Federal Constituency.

Our Advice to INEC

“Whilst we are pleased that INEC has finally taken steps to adhere to the decision of the Supreme Court, we however note that it took close to three years before the electoral umpire could adhere to the decision of the apex court. More concerning is the fact that INEC did not adhere to the decision of the Supreme Court in Suit No: SC/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC before conducting the 2023 General Elections in the Warri Federal Constituency.
In any event, we advise INEC to uphold the integrity of the Findings and Report that emanated from their field work. We urge INEC not to be deterred as they are statutorily bound to adhere to the decision of the Supreme Court and carry out their statutory duty as ordered by the Supreme Court, without more. We warn that any attempt to reverse their Findings and Reports which emanated from their field work would amount to an infraction of an already settled judicial process.

“Finally, as far as the delineation exercise is concerned, justice has been done and the heavens did not fall”.