The Senate has approved the restoration of Aniocha North II State Constituency, Delta State, in compliance with the Supreme Court judgment in Suit No. SC/129/2019.
The Upper Chamber has also directed the Independent National Electoral Commission (INEC) to implement this resolution by ensuring the restoration takes effect in the next Delta State House of Assembly election, following the current legislative term. This decision aligns with ,”Section 115 of the 1999 Constitution (as amended).
Furthermore, the Senate has sought the concurrence of the House of Representatives to solidify the decision, urging immediate communication with INEC for prompt implementation.
The Senate’s resolution follows a motion titled “Restoration of Aniocha North II State Constituency Pursuant to Supreme Court Judgment,” sponsored by Senator Ned Nwoko (APC, Delta North), Chairman of the Senate Committee on Reparation and Repatriation.
Presenting the motion, Senator Nwoko highlighted the following key points: In 2014, residents of Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma, and Ogodo in Aniocha North Local Government Area initiated a legal action at the Federal High Court, Asaba, seeking the restoration of Aniocha North II State Constituency.
The Federal High Court dismissed the suit, but on November 22, 2017, the Court of Appeal (Benin Division) ruled in favor of the people, ordering INEC to restore the constituency and conduct elections.
INEC appealed the judgment to the Supreme Court, but on November 29, 2019, the Supreme Court dismissed the appeal, making the Court of Appeal’s decision final and binding.
In 2020, INEC convened a meeting with constituency stakeholders, pledging to implement the ruling and subsequently submitted a comprehensive report to the National Assembly for consideration under Section 115 of the 1999 Constitution (as amended).
Despite these actions, no further steps were taken, and the people of Aniocha North II remain disenfranchised.
Senate President Godswill Akpabio commended Senator Nwoko for bringing up the motion and emphasized the binding nature of Supreme Court decisions.
“The Supreme Court decision is final and must be implemented. The Senate management must immediately liaise with INEC, and I urge the House of Representatives to concur with this resolution,” Akpabio stated.
He also directed the National Assembly to formally notify INEC to ensure compliance before the 2027 elections.
Expressing concerns over previous legislative inaction, Akpabio criticized the 9th National Assembly’s failure to address the issue, questioning why a constitutional amendment was pursued instead of enforcing an existing court ruling.
Additionally, he urged other states facing similar constituency restoration issues to follow Aniocha North II’s example by seeking redress in court.
With this approval, the Senate has reinforced its commitment to upholding judicial decisions, ensuring proper representation for the people of Aniocha North II State Constituency in Delta State.
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