(2002) JELR 44476 (CA)    

Court of Appeal  ·  CA/L/386/2001 ·  10 Jun 2002 ·  Nigeria
Other Citations
A.G., Fed. v. ICAN (2002) 10 NWLR (Pt.776)492
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
issue of jurisdiction
2nd respondents
2nd defendant
first defendant
learned trial judge
mr. clement akpamgbo s.a.n.
13th march
1st defendant
clement akpamgbo esq
professional accountants
1st plaintiff
arguments of counsel
bar clement akpamgbo s.a.n.
decree no.
following terms
issue of representation
judicial act
jurisdiction of the court
order of the court
supreme court
third respondent
2nd plaintiff
3rd defendant
amended statement of claim
bar clement akpamgbo san
benefit of a particular class of persons
enactment of the said decree
federal high court
following reliefs
fundamental importance
general babangida
general principle
hon. justice
institute of chartered accountants act
intendment of ican act
leading judgment
leave of court
legal jurisprudence
mr. clement akpamgbo
notice of appeal
peoples rights
preliminary objection
principles of law
process of law
second defendant
second respondents
statement of claim
such matters

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…

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