THE LEGAL IMPLICATIONS OF THE NON-RELEASE OF THE FINAL FIELDWORK REPORT ON WARD AND POLLING UNIT DELINEATION AND THE CONTINUOUS VOTER REGISTRATION AND OTHER ELECTORAL ACTIVITIES IN WARRI FEDERAL CONSTITUENCY.

The Chairman

Independent National Electoral Commission (INEC)

Plot 436, Zambezi Crescent

Maitama District

Abuja, Nigeria.

Dear Sir,

THE LEGAL IMPLICATIONS OF THE NON-RELEASE OF THE FINAL FIELDWORK REPORT ON WARD AND POLLING UNIT DELINEATION AND THE CONTINUOUS VOTER REGISTRATION AND OTHER ELECTORAL ACTIVITIES IN WARRI FEDERAL CONSTITUENCY.

I write to you as a concerned and affected stakeholder, a politician, a legal practitioner and an advocate for Electoral Justice to urgently draw the attention of Mr. Chairman and the Independent National Electoral Commission (INEC) to a grave constitutional and legal infraction currently taking place in the Warri Federal Constituency of Delta State.

The ongoing Continuous Voter Registration (CVR) exercise within the constituency is illegal, unconstitutional and in direct violation of a subsisting judgment of the Supreme Court of Nigeria. If not promptly remedied, this illegality will compromise the legitimacy, integrity and credibility of the 2027 general elections in Warri Federal Constituency and disenfranchise over 300,000 eligible voters.

1. The Supreme Court’s Judgment: A Binding and Final Directive

In its landmark judgment in Hon. George Timinimi & Ors v. Independent National Electoral Commission (INEC) (SC.413/2016), the Supreme Court of Nigeria directed the Independent National Electoral Commission (INEC) to conduct a fresh, lawful and constitutionally compliant ward and polling unit delineation in Warri North, Warri South and Warri South-West Local Government Areas, which collectively constitute the Warri Federal Constituency.

The Apex Court unequivocally held that no election or electoral activity shall take place within the Warri Federal constituency until the delineation exercise is duly completed and implemented. This pronouncement, being the decision of the nation’s highest court, is final, binding and enforceable, as expressly guaranteed by Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The Supreme Court remains the final arbiter of all legal disputes in Nigeria, and its decisions are binding on all persons, authorities and institutions, including INEC, which is constitutionally obligated to comply fully, faithfully and without delay with its orders.

The Court has consistently affirmed the binding and conclusive nature of its judgments through a long line of authorities:

In Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt.109) 250 at 274, Per Oputa, J.S.C., famously declared:

“We are final not because we are infallible; rather we are infallible because we are final. Justices of this Court are human beings, capable of erring. But once we have given a decision, that decision is final – subject only to the correction of any accidental slip.”

Similarly, in Olorunfemi v. Asho (1999) 1 NWLR (Pt.585) 1, the Supreme Court emphasized that once a matter has been determined by it, no lower court possesses the jurisdiction to reopen or revisit it.

Likewise, in Rossek v. African Continental Bank Ltd (1993) 8 NWLR (Pt.312) 382, the Court held that the decisions of the Supreme Court are binding on all authorities and persons, including government agencies, and cannot be lawfully disregarded or disobeyed.

By virtue of these constitutional provisions and judicial authorities, the judgment in Hon. George Timinimi & Ors v. INEC remains final, binding and subsisting. INEC, as a constitutional body, is under a legal and moral duty to implement this judgment without further delay to uphold the sanctity of the rule of law and the supremacy of the Constitution.

2. INEC’s Breach of Law and Contempt of Court

Despite this categorical order, INEC has proceeded with a nationwide Continuous Voter Registration (CVR) exercise, including in the Warri Federal Constituency, without first completing or implementing the Supreme Court mandated delineation by releasing the Final Fieldwork Report.

This conduct constitutes a flagrant violation of the Supreme Court’s judgment, a breach of Section 287 (1) of the Constitution and amounts to contempt of court.

By carrying out voter registration in a constituency where wards and polling units remain legally undefined, INEC has rendered the entire process void ab initio. Any election or electoral process arising from such illegality is null, void and unenforceable.

Such defiance undermines the authority of the judiciary, erodes citizens confidence in INEC’s integrity and threatens the very foundation of Nigeria’s democratic system.

3. The Looming Political and Constitutional Crisis

The continued delay to implement the Supreme Court–mandated ward and polling unit delineation poses an imminent threat to constitutional order and democratic legitimacy in the Warri Federal Constituency. Without the completion and implementation of this delineation, no election or electoral activity can lawfully take place within the constituency. Any election or voter registration exercise conducted in defiance of this judicial directive shall be null, void, and of no legal effect whatsoever.

If this constitutional breach persists, the 2027 general elections in the Warri Federal Constituency will stand on a foundation of illegality and risk being declared constitutionally invalid. The failure of the Independent National Electoral Commission (INEC) to release and implement the Final Fieldwork Report before commencing voter registration or any electoral process will inevitably disenfranchise more than 300,000 eligible citizens, creating a representation vacuum at the Federal, State and Local Government levels.

Such an outcome would not only violate the express provisions of the Nigerian Constitution but would also undermine Nigeria’s international obligations to promote participatory democracy and uphold electoral integrity. It would constitute a direct breach of the ECOWAS Protocol on Democracy and Good Governance and the Commonwealth Principles on the Conduct of Free and Fair Elections.

This looming crisis is not merely administrative; it is a constitutional emergency demanding immediate corrective action. The sanctity of Nigeria’s democracy, the credibility of its electoral process and the rights of the people of Warri Federal Constituency to vote and be voted for, now rest squarely on INEC’s implementation of the Ward and Polling Unit Delineation. 

4. A Call to Uphold the Rule of Law

INEC, as an independent and constitutionally empowered institution, must act urgently and decisively to avert this impending democratic, political and constitutional crisis.

To restore legality, institutional credibility and public trust, I respectfully call on INEC to:

1. Immediately release the Final Fieldwork Report of the Ward and Polling Unit Delineation for Warri Federal Constituency;

2. Fully implement the Supreme Court judgment by completing, gazetting and operationalizing the lawful delineation before any further electoral activity; and

3. Suspend and cancel the Continuous Voter Registration (CVR) and every other Electoral Activities in Warri Federal Constituency until the delineation exercise is fully implemented and certified.

5. Conclusion: A Test of INEC’s Integrity and Nigeria’s Democratic Standing

The Supreme Court’s ruling in Timinimi v. INEC (SC.413/2016) is not advisory but a binding directive of law. INEC’s ongoing non-compliance undermines constitutional governance, weakens electoral integrity and places Nigeria at odds with its democratic commitments.

If INEC fails to comply, Warri Federal Constituency may be excluded from the 2027 elections, effectively silencing an entire electorate and eroding Nigeria’s democratic reputation.

I, therefore, urge Mr. Chairman and the Independent National Electoral Commission (INEC) to immediately release and implement the Final Fieldwork Report in compliance with the Supreme Court’s judgment. Anything short of this would amount to a betrayal of justice, an assault on democracy and a violation of the rule of law.

Yours faithfully,

Hon. (BARR.) JEFFREY PERE OROMONI

Cc:

1. The Nigerian Senate

2. House of Representatives, Federal Republic of Nigeria

3. The National Security Adviser to the President

4. The United Nations Electoral Assistance Division (UNEAD)

5. The European Union Election Observation Mission (EU–EOM)

6. The African Union Election Observation Mission (AU–EOM)

7. The ECOWAS Electoral Assistance Unit

8. The Commonwealth Secretariat (Democracy and Electoral Affairs Division)

9. The United States Embassy, Abuja

10. The British High Commission, Abuja

11. The Centre for Democracy and Development (CDD–West Africa)