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G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): In this appeal the appellants have sought to limit the area and extent of the provisions of Decree No. 28 of 1970 titled "Federal Military Government (Competency and Enforcement of Powers) Decree 1970."
The details about the application for certiorari and the order nisi made therein are not relevant. After the order nisi was granted the respondent was served with necessary papers. The respondent filed a motion by way of demurrer under Order 28 Rule 1 of the former Supreme Court (Civil Procedure) Rules Cap. 211 in Vol. X of the Laws of Nigeria (1948). The motion was upheld by the High Court of Lagos State (George J.). Against that decision, the appellants filed two grounds of appeal which thus read:
"1. That the learned trial judge erred in law in entertaining a motion brought under Order 28 of the High Court of Lagos (Civil Procedure Rules) when the applicants in the motion appealed from, had themselves put facts in issue in the…