BRETT, F.J Delivering the lead Judgment
We think it necessary to strike this matter out, as not being properly before us. The procedure for referring a question as to the interpretation of a constitution to this Court is now prescribed by Order VI of the Federal Supreme Court Rules, which was not available for guidance when the order was made in this case, but it may be of help if we say something about the stage at which a reference should be made and the form which it should take.
In this case the plaintiffs brought an action against the defendants in the High Court of the Western Region, claiming a declaration that a certain Trust Instrument was either invalid or void and an injunction restraining the defendants from implementing the Instrument. The writ of summons submitted four grounds for holding the Instrument invalid or void, stating them in the alternative. Two of the four alleged that the Instrument was made in the exercise or purported exercise of powers ultra vires the Niger…