The Senate has approved the restoration of the Aniocha North II State Constituency in Delta State in compliance with the Supreme Court’s judgment in Suit No. SC/129/2019.
During plenary yesterday in Abuja, the Senate directed the Independent National Electoral Commission (INEC) to implement the restoration in the next Delta State House of Assembly election, following the expiration of the current Assembly’s tenure, in accordance with Section 115 of the 1999 Constitution (as amended).
The decision followed a motion titled “Restoration of Aniocha North II State Constituency, Delta State, in Compliance with Supreme Court Judgment,” sponsored by Senator Ned Nwoko (Delta North).
Senator Nwoko recalled that in 2014, residents of Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma, and Ogodo in Aniocha North LGA filed a lawsuit at the Federal High Court in Asaba, seeking the restoration of the Aniocha North II State Constituency.
“Although the Federal High Court dismissed their case, the Court of Appeal in Benin, on November 22, 2017, ruled in their favour, ordering INEC to reinstate the constituency and conduct elections accordingly,” he said.
He emphasised that INEC challenged the ruling at the Supreme Court, but on November 29, 2019, the apex court dismissed the appeal, upholding the Court of Appeal’s judgment as “final, binding, and non-appealable.”
Following the Supreme Court’s judgment, he noted that INEC convened a meeting with stakeholders on November 19, 2020, where it pledged to implement the directive. It later submitted a report to the National Assembly for approval, as required by the Constitution.
However, despite completing all necessary procedures and reminding the National Assembly via a letter dated December 17, 2020, no action was taken, leading to a prolonged delay.
The Senate expressed concern that the delay undermined the rule of law, disenfranchised residents, and denied them proper representation in the Delta State House of Assembly.
In response, the Senate resolved to seek the concurrence of the House of Representatives to finalise the restoration process, ensuring compliance with the Constitution.
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