The Unconstitutional And Illegal Suspension Of Warri Federal Constituency Delineation By INEC: A Betrayal Of The Nigerian Constitution, Supreme Court Judgment, Democratic Order -

By Uche Alvin

OPEN LETTER TO THE FEDERAL GOVERNMENT, THE NSA, AND THE NIGERIAN PUBLIC

28th September 2025
Subject: The Unconstitutional and Illegal Suspension of Warri Federal Constituency Delineation by INEC: A Betrayal of the Nigerian Constitution, Supreme Court Judgment and Democratic Order

To:

President of the Federal Republic of Nigeria

National Security Adviser (NSA), Mallam Nuhu Ribadu

Chairman, INEC, Prof. Mahmood Yakubu

All Nigerians who believe in truth, law and justice

We are angry. We are betrayed. We are not afraid to speak.

On this dark day, INEC announced the suspension of the delineation process in Warri Federal Constituency, citing vague references to “escalation to the NSA.” This is not only a travesty, it is a gross violation of the 1999 Constitution (as amended), a direct disobedience to the Supreme Court of Nigeria and an illegal suspension of justice in a democratic society.

Let it be known across Nigeria and beyond: This is not administrative discretion. This is constitutional sabotage.

THE CONSTITUTIONAL VIOLATION

Section 153(1)(f) of the 1999 Constitution establishes INEC as an independent body. Section 160(1) further states:

In exercising its powers to make regulations for the conduct of elections, INEC shall not be subject to the direction or control of any other authority or person.

So, who gave the order to suspend the delineation? The NSA? Since when did security override a Supreme Court judgment and constitutional mandate? Is INEC now a parastatal of the Office of the National Security Adviser?

The unconstitutional delegation of INEC’s powers to the NSA amounts to executive lawlessness. This is ultra vires, null, void and of no effect.

DISOBEDIENCE OF SUPREME COURT JUDGMENT

The 2022 Supreme Court Judgment in SC/CV/1033/2023 (Timinimi v INEC) mandated INEC to carry out a fresh delineation of the Warri Federal Constituency. This was a final and binding decision.

Under Section 287(1) of the Constitution:

The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons.”

The refusal to implement this judgment and now the suspension of that implementation, is a clear contempt of court, an affront to the judiciary and a constitutional crime against democracy.

AN ILLEGAL PROCESS: CVR WITHOUT DELINEATION

By continuing with Continuous Voter Registration (CVR) using outdated and fraudulent polling units (PUs) and registration areas (RAs) which were declared unconstitutional by the Supreme Court, INEC is compounding the illegality.

How can you conduct CVR in areas that have already been deemed irregular by the apex court?

This is nothing short of institutional fraud and preparation for electoral manipulation.

POLITICAL INTERFERENCE AND ETHNIC COLLUSION

We smell the hand of high-level ethnic bias and elite interference. We know this script. Itsekiri elite, frightened by their demographic minority, have once again run to the corridors of power, whispering into there ears, hoping to maintain their illegal ward advantage.

Their aim? To use CVR to inflate figures in a broken structure and then claim a new “status quo” that suits them.

But let it be known: Demography cannot be buried with propaganda. Truth cannot be suspended by compromise.

TO THE NSA: YOUR OFFICE IS NOT ABOVE THE LAW

National security is not served by ignoring Supreme Court judgments. It is served by obeying the law.

If the Office of the NSA now has veto power over the judiciary, then we no longer have a democracy, we have anarchy in disguise.

OUR DEMANDS

We demand the following, without delay:

That INEC immediately resumes and completes the ward delineation process in Warri Federal Constituency in accordance with the Supreme Court judgment.

That INEC halts the current CVR until the delineation is concluded and new registration areas are in place.

That the NSA retracts any communication or interference and respects the constitutional independence of INEC.

That the Federal Government publicly guarantees the enforcement of the Supreme Court judgment without fear or favour.

WARNING TO THE FEDERAL GOVERNMENT

Let history record this: Any further delay, any further deceit, will be met with the full force of democratic resistance.

Do not push Warri to the edge. Do not push its people to desperation. The blood of democracy is dripping and if care is not taken, real blood will follow if injustice continues to provoke a peaceful people.

As Martin Luther King Jr. once said:

Justice delayed is justice denied.”

And to quote the Nigerian Supreme Court in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621:

The rule of law presupposes that the State is subject to the law and that government should respect the rights of individuals.”

If the government chooses to abandon that principle, then the people have a duty to resist.

SIGNED:

Chief, Tiemopere Joshua

Hon, (Bar) Thompson Ovie

Chief, Victor Wene-owei

Dr, Akpos Graceful

Chief, Oghenekevwe Hope

Ijaw Stakeholders of Warri Federal Constituency