STEPHEN JONAH ADAH, JCA (Delivering The Leading Judgement): This is an appeal against the Judgment of the Federal High Court, Abuja, delivered on 23rd March, 2011, in Suit No. FHC/ABJ/M/19/2007.
The appellant as the plaintiff instituted this action at the trial court and claimed against the Respondents all the reliefs as per the Motion, thus:
A Declaration that the decision of the Federal Government of Nigeria as contained in the Federal Executive Council Memo dated 23rd May, 2007 directed the 6th Respondent to, on behalf of the Creditors of the Applicant take over the Applicant's project site and the housing units with appurtenances thereon at Mount Pleasant Estates, Jabi/Airport Road Mbora District, Abuja is unconstitutional, unlawful, illegal, ultra vires, null, void and of no effect, whatsoever.
An Order directing the removal into Court of the memo of the Federal Executive Council dated 23rd May, 2007 (which memo directed the 6th Respondent to, on behalf of the Creditors of the Appli…