ADEREMI, J.C.A (Delivering the Leading Judgment): The first and second respondents who were plaintiffs in the court below, Federal High Court sitting in Lagos (Coram Sanyaolu J.) commenced proceedings against the appellant who was the first defendant and the third respondent who was the second defendant claiming against the two of them jointly and severally per paragraph 22 of their amended statement of claim the following reliefs:
(i) A declaration that the Decree No. 76 of 1993, published in Gazette No. 25 Vol. 80 of 1993 purportedly signed on 25th of August 1993 is illegal, invalid, null and void in that General Babangida in fact signed the Decree after he had left office.
(ii) Declaration that Decree No. 76 of 1993 does not qualify as a Decree and is therefore null and void in that:-
(a) The Decree was directed and made for the benefit of a particular class of persons.
(b) Section 17 (2) constitutes a judicial act rather than legislative enactment.
(c) The Decree is duplicitous…