The Court of Appeal in Abuja has dismissed a fresh legal challenge seeking to stop the implementation of the Supreme Court judgment on the delineation of electoral wards and polling units in Warri Federal Constituency, Delta State, backing the Independent National Electoral Commission (INEC) to continue the process.
The appellate court also upheld the N4 million cost earlier awarded against the appellants, describing the appeal as lacking merit.
The suit, marked CA/ABJ/CV/1457/2025: Hon. Appearance Afejuku & Ors v. INEC & Ors, was filed by Itsekiri representatives led by Hon. Appearance Afejuku, Youth President of the Itsekiri ethnic nationality.
The appellants had approached the court seeking to stop INEC from enforcing the December 2, 2022 Supreme Court judgment in SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC, which ordered a fresh delineation in Warri Federal Constituency.
However, delivering judgment on Friday, May 15, 2026, a three-member panel of the Court of Appeal led by Justice Uchechukwu Onyemenam dismissed the appeal and affirmed the earlier ruling of the Federal High Court.
The appellate court held that the matter had already been conclusively settled by the Supreme Court, thereby clearing the way for full implementation of the apex court’s directive ahead of future elections in the constituency.
The judgment reaffirmed the earlier decision of Justice Omotosho of the Federal High Court, Abuja, delivered on July 1, 2025, which described the suit as a gross abuse of court process and lacking merit.
Justice Omotosho had also awarded N4 million cost with interest against the plaintiffs, a decision now upheld by the Court of Appeal.
The renewed legal battle over the delineation exercise has continued to attract national attention due to its political implications for ethnic representation and electoral balance among the Ijaw, Itsekiri and Urhobo nationalities in the oil-rich Warri axis.
Meanwhile, in another related ruling, the Federal High Court sitting in Warri dismissed a separate suit challenging INEC’s interim report on the fresh delineation exercise released on May 3, 2025.
The suit, marked FHC/WR/CS/37/2025: Ejeyi Philip & Ors v. INEC, was filed by Itsekiri plaintiffs who argued that they were not consulted before the delineation exercise was carried out.
But the court ruled that the Supreme Court judgment did not make consultation with any ethnic group a condition for implementing the delineation order.
The court further described the suit as premature, noting that the interim report issued by INEC was only a proposal and not a final document.