Hon. Justice Adumein of Court of Appeal in Benin on Wednesday in a unanimous decision in an appeal brought against the judgment of the Federal High Court, Asaba by Mssrs. Akiah Humphrey, Emma Ebo and Sunday Okenyi ordered the Independent National Electoral Commission, INEC to restore forthwith the Aniocha North II State Constituency of Delta State and conduct election within three months in Aniocha North Local Government Area of Delta State for the purpose of electing the member representing Aniocha North II State Constituency in the Delta State House of Assembly.
Justice Adumein in delivering the judgment in the appeal resolved the issue in favour of the appellant, stating that the appellants’ claims is meritorious and that INEC acted without legal justification in suppressing the constituency of the appellants.
The Court also noted that the restoration of the appellants’ constituency would aid in the fulfillment of the Constitution which requires that a State House of Assembly must be made up of at least 3 or 4 times the number of members of the House of Representatives from that State.
Justice Adumein further stated that Delta State has 10 members in the House of Representatives and should at least have 30 members in the House of Assembly as against the 29 members that it currently has.
Habeeb Lawal, Esq, who represented the appellants informed the court that INEC ought not to have suppressed Aniocha North II State Constituency which was created by the National Electoral Commission in 1991 and which was duly represented by one late Hon. Chinakwe in the Delta State House of Assembly from January 1992 to November, 1993.
The Aniocha North II State Constituency comprises of Idumuje Unor, idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulub, Anioma and Ogodo Clans in Aniocha North Local Government Area of Delta State.