UWAIFO, JSC (Delivering the Lead Judgment): This appeal has raised what no doubt are fundamental constitutional issues of a rather difficult nature, requiring very careful consideration. The appeal comes from a decision of the Court of Appeal, Lagos Division, as contained in the judgments of Kalgo, Ayoola and Pats-Acholonu, JJCA, given on 13 June, 1995. The type of questions for determination raised by both sides to the appeal reflects my characterisation of the said issues.
On the part of the appellant, the following three questions have been raised on this appeal:-
“1. Whether the court was right in holding that Decrees Nos. 8 and 12 of 1994 are not Decrees within the meaning of Decree No. 107 of 1993 and thus to declare the (said) Decrees null and void. Put the other way, can a court of law declare void a Decree for whatever reason?
2. If the answer to the above issue is in (the) affirmative, which is denied, whether the Court of Appeal was right to apply the concept of judicial le…