OKORO, J.S.C. (Delivering the Leading Judgment): This appeal 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 issue of whether the Federal High Court was right when it held that the undertaking signed by the 1st respondent, (now appellant) in his nomination form does not prevent it from exercising his statutory right to seek redress in court as provided in section 87(9) on the Electoral Act, 2010 (as amended). The second respondent herein filed an appeal at the court below which after hearing, the court held that the appellant’s suit at the trial court was statute barred having been filed outside the 14 days allowed by section 285(9) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) also known as the 4th Alteration.
The appellant, not satisfied with the position of the court below filed its appeal and has distilled one issue for determinati…