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SENATOR HEINEKEN LOKPOBIRI V. ALL PROGRESSIVES CONGRESS (APC)

(2020) JELR 106971 (SC)

Supreme Court  •  SC.35/2020  •  11 Feb 2020  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI, J.S.C. (Presided) OLUKAYODE ARIWOOLA, J.S.C. KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. JOHN INYANG OKORO, J.S.C. (Read the Leading Judgment) AMINA ADAMU AUGIE, J.S.C.

Judgement

OKORO, J.S.C. (Delivering the Leading Judgment): Thisappeal is against the judgment of the Court of Appeal, Port-Harcourt delivered on the 11th January, 2020 in appeal No. CA/PH/585/2019. In its judgment, the court below resolved the issueof whether the Federal High Court was right when it held that theundertaking signed by the 1st respondent, (now appellant) in hisnomination form does not prevent it from exercising his statutoryright to seek redress in court as provided in section 87(9) on theElectoral Act, 2010 (as amended). The second respondent hereinfiled an appeal at the court below which after hearing, the courtheld that the appellant’s suit at the trial court was statute barredhaving been filed outside the 14 days allowed by section 285(9)

of the 1999 Constitution of the Federal Republic of Nigeria (asamended) also known as the 4th Alteration.

The appellant, not satisfied with the position of the court belowfiled its appeal and has distilled one issue for determination of thisap…

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