Abuja: The Senate has given its approval for the restoration of the Aniocha North II State Constituency in Delta, adhering to the Supreme Court judgment in suit No. SC/129/2019.
According to News Agency of Nigeria, the approval was granted following a motion during a plenary session, titled ‘Restoration of Aniocha North II State Constituency, Delta in compliance with Supreme Court Judgment,’ which was sponsored by Sen. Ned Nwoko (APC-Delta North). The Senate also directed the Independent National Electoral Commission (INEC) to comply with this resolution.
The Senate instructed that the restoration of the constituency be effective in the upcoming State House of Assembly election, following the current term of the Delta State House of Assembly. This decision aligns with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Sen. Nwoko, while presenting the motion, recounted the history of the legal battle initiated in 2014 by residents of various towns in the Aniocha North Local Government Area of Delta. These communities sought legal action at the Federal High Court in Asaba to restore the Aniocha North II State Constituency. Although initially dismissed by the Federal High Court, the Court of Appeal in Benin ruled in favor of the communities on November 22, 2017, mandating INEC to conduct elections in the restored constituency.
Nwoko highlighted that INEC’s attempt to appeal the Court of Appeal judgment at the Supreme Court was dismissed on November 29, 2019. The Supreme Court declared the judgment as final and binding. Following this, INEC held a meeting with constituency stakeholders on November 19, 2020, and submitted a report to the National Assembly for consideration, pursuant to Section 115 of the 1999 Constitution. Despite these developments, no further steps were taken to restore the constituency.
The Senate has resolved to seek the concurrence of the House of Representatives, as necessitated by Section 115 of the Constitution. Senate President Godswill Akpabio commended Nwoko for his efforts in raising the motion and reiterated the need to implement the Supreme Court’s decision. He urged Senate management to engage with INEC promptly and collaborate with the House of Representatives for approval. Akpabio also expressed optimism that similar legal matters in other states would be addressed in a court of law.