Appeal Court Upholds Warri Fresh Delineation, Dismisses Itsekiri Suit, Awards N4m Costs

The Court of Appeal, Abuja Division, has dismissed an appeal filed by representatives of the Itsekiri ethnic nationality seeking to halt the implementation of the Supreme Court-ordered fresh delineation of electoral wards and polling units in the Warri Federal Constituency of Delta State.

The appeal, marked CA/ABJ/CV/1457/2025: Hon. Appearance Afejuku & Ors v. INEC & Ors, was filed by Itsekiri youth leader, Hon. Appearance Afejuku, alongside three others.

In a judgment delivered on Friday, May 15, 2026, a three-member panel of the appellate court led by Justice Uchechukwu Onyemenam dismissed the appeal for lacking merit and affirmed the earlier ruling of the Federal High Court.

The appellate court also upheld the N4 million cost awarded against the appellants, stressing that the issue of Warri delineation had already been conclusively determined by the Supreme Court.

The judgment effectively clears the way for the Independent National Electoral Commission (INEC) to fully implement the apex court’s directive on the fresh delineation exercise ahead of future elections in the Warri Federal Constituency.

It would be recalled that Justice Omotosho of the Federal High Court, Abuja, on July 1, 2025, dismissed the suit seeking to stop INEC from enforcing the Supreme Court judgment delivered on December 2, 2022, in suit SC/413/2016: Hon. George U. Timinimi & 9 Ors v. INEC.

The trial court had described the suit as a gross abuse of court process and lacking in merit, agreeing with submissions made by counsel representing INEC, as well as Ijaw and Urhobo interests in Warri.

Meanwhile, another Federal High Court sitting in Warri also dismissed a separate suit instituted by Itsekiri plaintiffs challenging INEC’s interim report on the delineation exercise.

In suit number FHC/WR/CS/37/2025: Ejeyi Philip & Ors v. INEC, the plaintiffs sought to set aside the interim delineation report released by INEC on May 3, 2025, arguing that the Itsekiri people were not consulted before the exercise was carried out.

However, the court held that the Supreme Court judgment did not mandate prior consultation with the Itsekiri ethnic nationality before implementation of the delineation process.

The court further ruled that the case was premature since the INEC report being challenged was only an interim proposal and not a final document.