MOORE ASEIMO ABRAHAM ADUMEIN, JSC (Delivering the Leading Judgment): The 1st respondent was the plaintiff in Suit No. FHC/L/CS/518/2008, which was initiated by way of an originating summons in the Federal High Court, holden at Lagos. The 2nd, 3rd and 4threspondents and the appellant were the 1st, 2nd, 3rd and 4th defendants, respectively. In the said suit, the 1st respondent sought the trial court to answer the following question:
"Whether the 1st - 3rd defendants have acted ultra vires the powers vested on them by the Federal Executive Council by purporting to sell, alienating or selling the property known as No.12, Cameron Road, lkoyi - Lagos which was allocated to the plaintiff in 1996 as official residential quarter of the Honourable Judge of the Federal High Court to the 4th defendant."
The 1st respondent also prayed the trial court for the following declaration and orders:
"a. DECLARATION that No. 12, Cameron Road, Ikoyi - Lagos still resides with the plaintiff by virtue of allocat…