AG FEDERATION
V.
ICAN

(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

CORAM

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

court

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

subject-matter

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.

AG FEDERATION V. ICAN

AG FEDERATION
V.
ICAN