AMIRU SANUSI J.C.A. (Delivering the leading Judgment): At the Edo State High Court of Justice (the lower court for short) the present appellants filed an Originating Summons against the present respondents seeking the under mention declaratory and injunctive reliefs.
The reliefs are
(a) A Declaration that the decision of the Edo State Executive Council on 27th September 2000 reducing the retirement age of public officers in the State from 35 years of service and 60 years of age to 28 years of service and 53 years of age is unconstitutional, null and void and of no effect whatsoever having regard to the provisions of Pensions Act Cap. 346 of the Laws of the Federation of Nigeria 1990 and Section 210 of the Constitution of the Federal Republic of Nigeria 1999.
(b) A Declaration that the Edo State Government cannot apply pari passu the retirement ages prescribed by the Pensions Act and those laid down by the State Executive Council on 27/9/2000 as that will amount to double standard and …